KANHAIYA PASWAN Vs. STATE

JUDGEMENT

(1.) The present petition is against the order dated 16.11.2011 of the learned ASJ in SC No. 06/2011, CC No. 590/2011, P.S. Inder puri whereby the learned ASJ was pleased to give a finding that prima facie no offence under section 3(1)(X) SC & ST (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') was made out against the accused persons.

(2.) Brief facts necessitating the present petition are that a complaint under section 3(1)(X) SC & ST Act was filed by one Kanhaiya Pawan against the accused persons alleging that on 14.07.2010 at about 4.00 pm when his wife Shrimati Bhagwanti was alone in the house, the accused persons entered his house, assaulted his wife and damaged the movables lying in the house. At that time, the accused persons also passed caste based derogatory remarks against Smt. Bhagwanti, a member of Scheduled Caste in order to insult, intimidate and humiliate her. The incident was allegedly witnessed by one G.S. Pandey, a friend of the complainant and by Nand Kishore, the neighbor of the complainant. No action was taken by the police despite various written complaints given by the complainant. Consequent to the statement of the complainant, victim and other witnesses recorded in the Court towards pre-summoning evidence, the accused persons were ordered to be summoned under section 3(X) of the Act and under Section 323/341 read with section 34 IPC. Aggrieved with the said order, the accused persons preferred a revision petition. In the mean time the complaint case on compliance of section 207 Cr.P.C. was committed to Sessions Court and learned ASJ passed the impugned order. Aggrieved with the said order, the petitioner/complainant has invoked the jurisdiction of this Court.

(3.) The learned counsel for the petitioner urged that the Ld. ASJ had erred in not framing charge under section 3(1)(x) of the Act against the accused persons as prima facie case was made out against the accused persons.