RAVINDRA SINGH Vs. STATE

JUDGEMENT

(1.) Instant case is loaded with long history, which is being filed to assail the impugned order dated 25.10.2010 passed by learned Additional Sessions Judge 03, Outer, Rohini Courts, Delhi whereby the order dated 13.08.2009 passed by learned Metropolitan Magistrate was set aside and further directed to the extent that petitioner herein is liable to be summoned tried and punished for the offences under Section 3 (1) (viii) of the SC and ST (Prevention of Atrocities) Act, 1989, as at the stage of summoning of the accused the learned MM has to see the prima facie case only. The MM at the stage of summoning of the accused is not to satisfy itself whether the proceedings will ultimately result in the conviction of the accused as the Court at the stage of summoning of the accused has to see the prima facie case only and prima facie offence under Section 3 (1)(viii) of the SC and ST (Prevention of Atrocities) Act, 1989 is fully made out against the Respondent No.1-Sh.Ravinder Singh, S/O Sh. Kartar Singh, R/O H.No.91, Village and Post-Office Siras Pur, Delhi. Hence, learned MM Rohini Courts, Delhi/concerned Court was directed to summon the Respondent No.1-Ravinder Singh for the aforesaid offences and to proceed as per law.

(2.) Learned counsel for petitioner submits that initially the Writ Petition (Crl) No.1667/2005 was filed by the petitioner against the many respondents wherein, respondent No.2 was one of the respondents, which was dismissed by this Court vide order dated 29.09.02005. It is apparent that this writ petition was filed by Mr.Pradeep Rana, Advocate.

(3.) Thereafter, the same advocate i.e. Mr.Pradeep Rana filed another Writ Petition (Crl.) No.2657/2006, against the many respondents wherein, respondent No.2 was also one of the respondents.