Factual Background 

In the Matter at hand Jivanbhai Nagjibhai Makwana v. State of Gujarat a first information report was filed against the petitioner for violations of Sections 323 and 506(2) of the Penal Code, 1860, as well as Sections 3 of the 1989 SC and ST Prevention of Atrocities Act. The first information report was filed under Section 482 of the Code of Criminal Procedure, 1973. Both the petitioner and the complaint are BJP-affiliated elected members of the Chotila Nagarpalika. As the complainant prepared to cast his ballot in favour of the Congress Party, the petitioner and the complainant exchanged words. In front of other elected members, including the female members of the Chotila Nagarpalika, the petitioner degraded the complainant. In order to prosecute the petitioner for the charges listed in Sections 323 and 506(2) of the IPC as well as Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the SC and ST Act, an FIR was filed. Therefore, the petitioner filed the current case to overturn the FIR that was brought against him.

Issue 

whether the petitioner intended to frighten and offend the complainant because he belonged to the scheduled tribe when he conducted the overt act?

Analysis of Court Verdict 

Justice Sandeep N. Bhatt, a single judge on the Gujrat high court bench, granted the appeal and overturned the challenged FIR against the petitioner.

The complainant’s conduct, such as failing to file a complaint at the police station, according to the court, skewed the scales in favour of the petitioner. The complaint was a counterblast because the petitioner had protested to the BJP’s higher-ups. According to the SC and ST Act, crimes must be committed against a person who belongs to a Scheduled Caste or Scheduled Tribe. Although the complainant in this instance belonged to a Scheduled Tribe, there was no proof that the offence was committed with that motive. The court further declared that a person cannot be prosecuted for a violation of the Act if the offence was not motivated by a casteist attack.

According to the Court, the claims in the FIR did not amount to a crime under the SC and ST Act. As both the complainant and petitioner were members of the BJP party and sought to be elected as President of the Nagarpalika, the court took political factors into consideration. However, two days had passed since the complainant submitted the complaint, and the petitioner had not yet received any complaints. In accordance with its authority under Section 482 of the CrPC, the court dismissed the contested case and set it aside in favour of the petitioner. The case was cited by the court as an egregious illustration of how the SC and ST Act’s provisions are misapplied, either by complaint authorities or others. The petition was granted, and the court overturned the contested FIR.

CASE NAME – Jivanbhai Nagjibhai Makwana v. State of Gujarat, R/Criminal Misc. Application No. 13552 Of 2018