[Cites 8, Cited by 0]
Bombay High Court
Vijay Bhagchand Jain And Another vs State Of Mah. Thr. Pso Old City Ps Akola ... on 20 January, 2026
2026:BHC-NAG:873-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 234 OF 2021
1. Vijay Bhagchand Jain,
Aged about:43 Yrs., Occ. Business,
R/o- Rajputpura near Kholeshwar
Akola, Tq & Dist: Akola.
2. Vikas @ Vikky S/o Vijay Jain,
Aged about:22 Yrs., Occ. Student,
R/o- Rajputpura near Kholeshwar
Akola, Tq & Dist: Akola. APPLICANTS
Versus
1. State of Maharashtra
Through Police Station Officer
Old City Police Station Akola,
Tq & District Akola.
2. Dhyaneshwar Uttamrao Wadekar,
Age about: 56 Yrs., Occ. Business,
R/o Anant Nagar Balapur Road, Old
City Akola, Tq & District Akola. NON-APPLICANTS
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Mr. G.I. Dipwani, Advocate for the Applicants.
Mr. A.M. Kadukar, APP for the Non-applicant No.1/State.
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CORAM : URMILA JOSHI PHALKE, J.
DATED : 20th JANUARY, 2026.
ORAL JUDGMENT :-
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1. Heard.
2. ADMIT. Heard finally by the consent of learned
Counsel for the respective parties.
3. The present Application is preferred by the
Applicants under Section 482 of the Code of Criminal Procedure
for quashing of the First Information Report in connection with
Crime No.343/2019 registered with Old Police Station, Akola
for the offences punishable under Sections 294, 323 read with
Section 34 of the Indian Penal Code and Sections 3(1)(r) and
3(1)(s) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 and consequent proceeding
arising out of the same bearing Atro. Spl. Case No.21/2020
pending before the 2nd District & Sessions Judge, Akola.
4. The crime is registered on the basis of a report
lodged by the Non-applicant No.2 against the present Applicants
on an allegation that on 03.08.2019 at about 10.00 a.m., when
he was present in his shop the Applicants came there and were
opening the shop, at that time his aunt restricted them from
opening the shop and both the Applicants abused her in a filthy
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language as well as abused her on her caste. On the basis of the
said report Police have registered the crime against the present
Applicants.
5. Heard learned Counsel for the Applicants who
submitted that, there is a previous dispute between the present
Applicants and the Non-applicant No.2 on account of the said
shop. The R.C.S. No. 406/2016 is already filed by the present
Applicants. He submitted that, initially the N.C. report was filed
by the Complainant which nowhere reveals as to the abuses on
the caste. After 45 days of the said N.C. report, this false report
came to be lodged against the present Applicants only to
implicate them in a serious offence. In view of that as the prima
facie case is not made out, the Application deserves to be
allowed.
6. Per contra, learned APP strongly opposed the said
Application and submitted that considering that the aunt of the
Complainant was abused on her caste by the present Applicants,
the offence under the provisions of the Atrocities Act is made
out, and therefore, the Application deserves to be rejected. He
invited my attention towards the various statements of the
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witnesses and submitted that the allegations are substantiated
by the said statements of the witnesses. In view of that, the
Application deserves to be rejected.
7. Despite the service of notice none appears for the
Non-applicant No.2.
8. On hearing both the sides and on perusal of the
entire investigation papers from which it reveals that, there is
no dispute that there was a previous dispute which is civil in
nature between the parties. As far as the alleged incident is
concerned, it is alleged by the Complainant that on the day of
incident i.e. on 03.08.2019 his aunt was abused by the present
Applicants on her caste. The statement of the aunt was also
recorded. It reveals that his aunt Shantabai Sahadev Wadekar
has lodged the report immediately on the same day i.e. on
03.08.2019, on the basis of which, the N.C. report was
registered. The recitals of the N.C. report nowhere reveals that
what type of abuses were uttered by the present Applicants. It is
completely silent regarding any assault on the Complainant or
any abuses to him. The statements of the eyewitnesses are also
recorded which are also silent as to the abuses on the caste are
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concerned. Thus, considering the entire material on record it
reveals that initially the N.C. report was filed in which no such
allegations are levelled by the aunt of the Complainant and
after 45 days of the said incident this false FIR came to be
lodged which is afterthought.
9. As far as the provisions of the Atrocities Act are
concerned, the basic ingredients to constitute the offence Under
Section 3(1)(r) of the Act of 1989 are:
a. Accused person must not be a member of the
Scheduled Caste or Scheduled Tribe;
b. Accused must intentionally insult or intimidate a
member of a Scheduled Caste or Scheduled Tribe;
c. Accused must do so with the intent to humiliate
such a person; and
d. Accused must do so at any place within public
view.
10. The Hon'ble Apex Court in the case of Shajan Skaria
Vs. The State Of Kerala & Anr. in Criminal Appeal No.2622 of
2024 (arising out of SLP (CRL.) No.8081 of 2023) decided on
23.08.2024, wherein the Hon'ble Apex Court has considered the
ingredients of the offence committed under Section 3(1)(r) of
the Atrocities Act. It is held by the Hon'ble Apex Court that all
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insults or intimidations to a member of the Scheduled Caste or
Scheduled Tribe will not amount to an offence under the Act of
1989 unless such insult or intimidation is on the ground that the
victim belongs to Scheduled Caste or Scheduled Tribe. The
various decisions which are considered by the Hon'ble Apex
Court and it is further held that the purport of the Act of 1989
that every act of intentional insult or intimidation meted by a
person who is not a member of a Scheduled Caste or Scheduled
Tribe to a person who belongs to a Scheduled Caste or
Scheduled Tribe would not attract Section 3(1)(r) of the Act of
1989 merely because it is committed against a person who
happens to be a member of a Scheduled Caste or Scheduled
Tribe. On the contrary, Section 3(1)(r) of the Act of 1989 is
attracted where the reason for the intentional insult or
intimidation is that the person who is subjected to it belongs to
a Scheduled Caste or Scheduled Tribe.
11. As far as the offence punishable under Section 294
of IPC is concerned, admittedly the nature of the abuses are not
narrated either by the Complainant nor by the eyewitness. Thus,
the contention of the Complainant that he was abused in an
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obscene language is not apparent prima facie from the
investigation papers. In view of that, the Application deserves to
be allowed.
12. Accordingly, I proceed to pass the following order.
ORDER
i. Criminal Application is allowed.
ii. The First Information Report in connection with
Crime No. 343/2019 registered with Old Police
Station, Akola for the offences punishable under
Sections 294, 323 read with Section 34 of the Indian
Penal Code and Sections 3(1)(r) and 3(1)(s) of the
Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 and consequent
proceeding arising out of the same bearing Atro. Spl.
Case No.21/2020 pending before the 2 nd District &
Sessions Judge, Akola, are hereby quashed and set
aside to the extent of present Applicants.
13. Pending application/s, if any, shall stand disposed of
accordingly.
(URMILA JOSHI PHALKE, J.)
S.D.Bhimte
Signed by: Mr.S.D.Bhimte
Designation: PA To Honourable Judge
Date: 20/01/2026 17:55:10
