BIJENDER SINGH Vs. STATE

JUDGEMENT

(1.) This instant appeal is filed under Sec. 14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 ("SC/ST Act") read with Sec. 482 of Code of Criminal Procedure, 1973 ("Cr.P.C.") challenging the order dtd. 29/2/2020 ("impugned order") passed by the learned ASJ-02, Special Judge [SC/ST Act] (South-West) Dwarka Court, Delhi wherein application filed by the respondent No. 2/complainant under Sec. 4 read with Sec. 3(2) (vi) and (vii) of SC/ST Act and under Sec. 217 and 218 of Indian Penal Code, 1860 ("IPC") against the appellant was allowed and the learned special court directed to lodge the first information report ("FIR") against the appellant.

(2.) A complaint was made by the complainant against the Constable Rajini and her husband Constable Vikas Yadav over a dispute of parking when their scooty had blocked the way of the car belonging to the complainant. Complainant further made allegations of insult, humiliation and threat against the accused. On the basis of complaint, on 26/6/2019 an FIR No. 261/2019 under Sec. 3(1)(c), 3(1)(r) of SC/ST Act read with Sec. 506 of IPC at PS Baba Haridas Nagar, District Dwarka was registered.

(3.) The appellant was appointed as the Investigation Officer ("IO") and conducted a detailed investigation. After the investigation was completed, appellant submitted the chargesheet before the learned special court on 16/8/2019. The chargesheet was filed against the three persons namely Vikas Yadav, Rajini and Sundra Devi ("accused persons") for the commission of the offences under Sec. 3(1)(r) of SC/ST Act read with Sec. 506 and 34 of IPC without arresting them in view of Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273.