JUDGMENT : 1. The Secretary of the Bar Council of Kerala is made the accused in CMP.102/2016 preferred by the petitioner as complainant before the Judicial First Class Magistrate's Court-II, Ernakulam, alleging the offence punishable under Section 7(1)(d) read with Section 12 of the Protection of Civil Rights Act, 1955. 2. According to the petitioner, on 18.08.2012, he went to the office of the Secretary of the Bar Council of Kerala, High Court Complex, Kochi. At that time, the Secretary was talking over phone. Another person also came to see the Secretary. Then, the Secretary offered a seat to the other person, and he did not offer a seat to the petitioner. According to the petitioner, he could be identified as a member of a Scheduled Caste from his appearance and by his name, and the neglect from the part of the 1st respondent in not offering a seat to the petitioner is an insult to the petitioner. 3. The court below found that there was nothing at all to take cognizance of in the matter and consequently, the court below dismissed the complaint under Section 203 Cr.P.C., after an inquiry. The said order is under challenge. 4. The question to be considered is whether an offence under Section 7(1)(d) of the Protection of Civil Rights Act, 1955, is sustainable on the basis of the allegations forwarded by the petitioner? 5. Section 7(1)(d) says that- “Whoever insults or attempts to insult, on the ground of “untouchability”, a member of a Scheduled Caste, shall be punishable with imprisonment for a term of not less than one month....” 6. Only when there is an insult or attempt to insult on the ground of untouchability, the offence under Section 7 (1)(d) of the Act will be attracted. When the petitioner himself comes and says that from his appearance, he could be identified as a member of a Scheduled Caste, it is a disgrace to the community at all. 7. This is an instance wherein, the provisions of the Act are being misused by certain elements, which may result in a suspicious view even on the genuine complaints also being forwarded by the community. Even if all the allegations raised by the petitioner in the complaint are proved, it cannot invite any offence and therefore, this Crl.R.P. is liable to be dismissed, and I do so. In the result, this Crl.R.P. is dismissed.