BANARSI RAM Vs. N N VASUDEV

JUDGEMENT

(1.) This revision petition is directed against order dated 28th February 1983 of an Additional Sessions Judge dismissing the revision petition filed by the petitioner against order dated 17th May 1982 of a Metropolitan Magistrate whereby he dropped the prosecution of the respondent and discharged him on the ground that the challan put in by the police against the respondent was barred by time and there was no ground for condonation of delay.

(2.) Succinctly the facts of this case are that the petitioner was employed as an Investigator in the Trade Fair Authority of India (for short T.F.A.I) at the relevant time, viz. December 1980. The respondent, who is a rail way employee, too was on deputation with T.F.A.I. and was working as its General Manager. On 19th January 1981 the petitioner lodged a complaint with the Station House, Officer, Police Station Tilak Marg that on 12th December 1980 at about 4.15 p m he was called by the respondent in his office and he made certain inquiry. During the course of their talk the respondent got flared upon the petitioner refusing to comply with the wishes of the respondent and make a complaint against one K.N. Pun, as desired. The respondent then contemptuously called the petitioner Chure Das Puttar (son of a weeper). He also threatened to spoil his career. The petitioner protested but he was physically pushed (Jut by the respondent with such force that he dashed against the chair in front and sustained injury.

(3.) A case under Section 7 (1)(d) of the Protection of Civil Rights Act, 1955 was registered against the respondent on the basis of the said complaint. The said offence consists of insult or attempt to insult, on the ground of 'untouchability' a member of a scheduled caste.