PRITI AGARWALLA Vs. STATE OF GNCT OF DELHI

JUDGEMENT

(1.) The Olympic Riding and Equestrian Academy, Eastern Jaunapur, New Delhi (for short, "OREA"), is a training facility for enthusiastic equestrian athletes. Mr. Kapil Nath Modi administers and runs the said training facility. Appellant Nos. 2, 3, 6 and Respondent No. 2 were the trainee athletes in OREA. Appellant No. 1 is the mother of Appellant No. 2. Appellant Nos. 4 and 5 are the parents of Appellant No. 6.

(2.) Appellant No. 2 was admitted for equestrian training into the Academy in June 2010. Appellant No. 3 was accepted into OREA in the year 2009. Appellant No. 6 has also been receiving training in the Academy for a little over two years. Respondent No. 2, a passionate athlete who dreamt of being the first Olympic champion of dressage, claims to have been receiving training in equestrian sport in OREA since 2015.

(3.) The controversy considered in the present appeal reflects whether the athletes under training at OREA, who wanted to control the mind and body of a horse, have lost the calmness, suppleness and flexibility while being trained at OREA. The Criminal Appeal concerns the complaint filed by Respondent No. 2 on 29/4/2018 before SHO P.S. Fatehpur Beri, South Delhi under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, "the Act of 1989") against the Appellants herein and the application dtd. 9/5/2018 filed under sec. 156(3) of the Code of Criminal Procedure, 1973 (for short, "the CrPC") before the Ld. Metropolitan Magistrate, South Saket Court, Delhi.