Research › Search › Judgment

Madhya Pradesh High Court · body

2005 DIGILAW 501 (MP)

Susheel Kumar Khemaria v. State of M. P.

2005-04-08

RAKESH SAKSENA

body2005
JUDGMENT Heard. Case diary perused. The applicant apprehends arrest in connection with Crime No. 2/05 registered under section 294 of IPC and section 3(1) (10) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. According to prosecution, the applicant who happened to be the Deputy Director of Veterinary Department, insulted and did not permit the complainant to participate in the departmental meeting on the ground that he was not invited in the meeting and that he was a Scheduled Caste· and for that reason maltreated him. Learned counsel for the applicant submits that the complainant is a subordinate employee of the applicant. There was no personal grudge against him. Merely because he was not permitted to participate in the departmental meeting as the representative of some Scheduled Caste and Scheduled Tribes Union, he got annoyed and lodged a false report. 'He has also submitted that prima facie the accusation under the provisions of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, is not made out and, therefore, the bar of section 18 of the Act will not be attracted. It has also been submitted that the complainant and the applicant both were the officials of the same department. Learned counsel for the applicant has cited judgment of this Court reported in MPJR Vol. III, 2000 NOC 10 Rajkumar Jain v. State of M.P., wherein it has been held that "merely by using the word 'Chamar' provisions of Atrocities Act will not be attracted." Without commenting on merits of the case, considering the submission of the counsel, the fact and circumstances, the nature and character of the evidence collected by the Investigating Officer, this application is allowed. It is directed that in case of arrest, the applicant be enlarged on bail on his furnishing a personal bond in the sum of Rs. 10,000/- (Rupees ten thousand) and a surety bond in the like amount to the satisfaction of Police Officer making -arrest. This order shall remain in force for a period of 45 days from today. During which the applicant shall surrender and apply for regular bail, which shall be considered according to law.