Can an offence of atrocity under SC ST (Prevention of atrocity) Act be registered against another person belonging to SC ST ?
The person which is making such allegations or utterances should not be a member of either Scheduled Caste or a Scheduled Tribe, as per T. Toranath & Anr. v. State of A.P. & Ors., reported in 1999 (1) Crimes 188 That means, the offence under these can be lodged against those persons only who are not being a member of a Scheduled Caste or a Scheduled Tribes.[Para No.12]
Bombay High Court
Arjun Mohan Rathod
Vs.
The State Of Maharashtra
Decided on 08/05/2020