LAWS(DLH)-2016-1-79

PAWAN KUMAR BHATIA AND ORS. Vs. MADHU BHARTI

Decided On January 14, 2016
Pawan Kumar Bhatia And Ors. Appellant
V/S
Madhu Bharti Respondents

JUDGEMENT

(1.) Vide the present petition under Sec. 482 of the Cr P C, petitioners seek directions thereby quashing of the Criminal Complaint Case No. 567/1/09 titled 'smt.Madhu Bharti v/s. Mr. Pawan Kumar Bhatia & Another' instituted by respondent against them.

(2.) The petitioners further seek direction thereby setting aside order dated 18.09.2010 passed by learned Metropolitan Magistrate -03, North District, Tis Hazari Courts, Delhi whereby the cognizance of the offences punishable under Ss. 3(1) (ix) (x) (xi), 2(vii), 4, 8(B) of the SC and ST Prevention of Atrocities Act, 1989 (hereinafter referred as the said Act) was taken against them.

(3.) Learned counsel appearing on behalf of petitioners submits that the above noted complaint filed against petitioners, is a pure counter - blast to the charge -sheet and consequential departmental enquiry initiated against the respondent on account of her misbehaviour/ misconduct. However, the respondent has filed a complaint case under the provisions of the said Act, as noted above, which is a purely misconceived, malafide and vexatious one.