SHEEL NAGU,J. - (1.)The instant appeal u/S. 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 (for brevity the 1989 Act) seeks to set aside the order dated 10/10/2018 of the Sessions Judge/Special Judge (Atrocities), Gwalior (M.P.) by which the application seeking anticipatory bail stands rejected on merits.
(2.)The allegations reveal that the complainant Jitendra who happens to be a member of the SC & ST community orally reported to the police station that on complainant criticizing the functioning of appellant No.1-Mangaram Jha as a teacher, the appellant No.1 got annoyed and alongwith his nephew Rahul (appellant No.2) accosted the complainant and uttered abusive words and caused lathi blow to the complainant who sustained minor injuries. The name of the caste of the complainant was taken by the appellants in a derisive manner while abusing him.
(3.)Learned counsel for the appellants has submitted that no offence u/S. 3(r)(s) of the SC & ST Act as alleged is made out since abusive words uttered and intimidation made were not with an intent to humiliate a member of the SC & ST community but due to the annoyance nursed by the appellants arising out of complaint made by the victim against the appellant No.1 criticizing his teaching ability.