IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE GAJENDRA SINGH CRIMINAL APPEAL No. 570 of 2025 PINKESH RATHORE AND OTHERS Versus STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Vikas Rathi - Advocate for the appellants.

Shri Rahul Solanki - GA for the State.

Shri Anopam Chouhan- Advocate for the respondent No.2.

(Heard on: 15.01.2026)

(Delivered on: 18.02.2026)

JUDGMENT This criminal appeal has been preferred under section 14A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is preferred being aggrieved by order dated 06.12.2024 in SCATR No.13/2024 by the Special Judge, SC/ST Alirajpur, whereby charges under section 115(2) read with section 3(5) of the BNS, 2023 read with section 3(2) (va) of the SC/ST (POA) Act, 1989, section 324(4) of the BNS, 2023 have been framed against the appellants arising out in crime No.457/2024 registered at P.S.- Kotwali District Alirajpur (MP) regarding the incident dated 31.07.2024 at 12 p.m. in front of Narayan Petrol Pump, Lakhankot Alirajpur towards a member belongs to scheduled tribe community by the appellants not being a member of the SC/ST community.

2. This criminal appeal is preferred on the ground that caste certificate has been obtained after registration of the FIR. There is no prima facie evidence to prove that victim belongs to SC/ST community at the time of incident. The investigation was not conducted by the officer of the rank of Superintendent of Police or above. The complaint was filed with malafide intention to harass and falsely implicate the appellants. The trial court misinterpreted the provisions of Section 3 (2)(va) of the SC/ST (POA) Act, 1989. The allegations of causing the injuries are not corroborated by the medical evidence as there is nothing on record.

3. Perusal of report dated 31.07.2024 registered as crime No.457/2024 reveals the offence under sections 115(2), section 324(4) read with section 3(5) of the BNS, 2023 and section 3(2)(va) of the SC/ST (POA) Act, 1989. Issuance of the caste certificate on 08.08.2024 by the Sub-divisional Officer (Revenue) Tehsil Sondwa, District Alirajpur (MP) does not affect the tribal identity of the victim at the time of registration of the FIR. Investigation has been conducted by the Inspector of Police.

4. Section 9 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act provides as under:-

" 9. Conferment of powers.— (1) Notwithstanding anything contained in the Code or in any other provision of this Act, the State Government may, if it considers it necessary or expedient so to do,—

(a) for the prevention of and for coping with any offence under this Act, or (b) for any case or class or group of cases under this Act, in any district or part thereof, confer, by notification in the Official Gazette, on any officer of the State Government, the powers exercisable by a police officer under the Code in such district or part thereof or, as the case may be, for such case or class or group of cases, and in particular, the powers of arrest, investigation and prosecution of persons before any Special Court.

(2) All officers of police and all other officers of Government shall assist the officer referred to in sub-section (1) in the execution of the provisions of this Act or any rule, scheme or order made thereunder.

(3) The provisions of the Code shall, so far as may be, apply to the exercise of the powers by an officer under sub-section (1)."

5. Clause 4 of the circular dated 16.11.2017 issued by Director General of Police, Madhya Pradesh referring to the Notification no. F.12-99- 2017 B-1- two, dated 13.10.2017 issued by the State Government, reads as:-

" 4 "भारतीय दंड (cid:10)वधान क(cid:15) धाराओं (120(क), 120 (ख), 217, 294, 323, 324, 325, 332, 341, 354, 363, 365, 447, 506, 509) के साथ-साथ वे सभी मामले (cid:23)जनमे अनुसूिचत जाित/अनुसूिचत जनजाित (अ(cid:30)याचार िनवारण) अिधिनयम, 1989 (संशोिधत अिधिनयम, 2015) क(cid:15) धारा 3(1) क(cid:15) उपधाराएँ अथवा 3 (2) 5 (क) लगाई