DEEPA BAJWA Vs. STATE

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. is with a prayer to quash F.I.R.No.246/2001 registered at Police Station Delhi Cantt under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (hereinafter referred to as the `Act' only).

(2.) The petitioner prays for quashing the aforesaid F.I.R. mainly on the ground that in the complaint lodged by the complainant on 19th April, 2001, it was nowhere mentioned that the petitioner/accused knew that the complainant belonged to the community of Scheduled Castes or Scheduled Tribes. When no F.I.R. could be registered in view of this deficiency, opinion was taken from the prosecution Branch and thereafter a supplementary statement of the complainant was recorded to the effect that the petitioner knew that the Complainant belonged to the said Caste. Thereafter, on 14th June, 2001, the F.I.R. in question on the basis of complaint dated 19th April, 2001, was registered. The petitioner pleads that since the complaint as lodged by the Complainant did not make out any case under Section 3 of the Act the police misused its powers by recording supplementary statement of the complainant so as to fill up the lacuna in the complaint and thereafter register an F.I.R.

(3.) The facts relevant for the disposal of this petition, briefly stated, are that the respondent No.5/Complainant had allegedly visited the office of the petitioner, who was Cantonment Executive Officer, on 19th April, 2001, along with the Councilor of the area, Shri Chhannu Mal and some others. According to the complaint when Shri Chhannu Mal was introducing the complainant and others to the petitioner, the petitioner called the Complainant `Choora, Chamar and Goonda' and asked him to get out of her office. He then lodged a complaint at Police Station Delhi Cantt under Section 3 of the Act.