GHASI RAM Vs. NCT OF DELHI

JUDGEMENT

(1.) THE petitioner was complainant before the Additional Sessions Judge (hereafter "trial court"). His revision is directed against the order dated 11 -10 -2006, whereby the ADJ discharged the accused, respondents of the offences punishable under Section 3(1)(x) and (xv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter referred to as "the Act").

(2.) THE petitioner had alleged that he works as an Engineer in the Press Trust of India (PTI). On 1 -4 -2004, at about 2:30 PM, when he was coming out of the Messenger room, the accused, who saw him coming out, stopped and abused him; he also allegedly used threatening language. The accused respondent No. 2, also an employee of PTI reported the petitioner and said " Dedh Chamar, apni aukat me rahe, dekhta hun tu ab kaise Delhi mein rehta hai". It was alleged that two other staff members, Ghana Nand Joshi and Satyan Singh Negi who were also present tried to stop the accused, but he did not stop; he further threatened the petitioner that if he failed to resign as Joint Secretary, he would be transferred from Delhi. He allegedly said "Kutte Ko Kutta Nahin to Haathi Kahenge". He allegedly held out further threats.

(3.) THE complaint was initially referred to the police, which was of the view that no offence was made out. Later, the petitioner and the alleged eyewitnesses deposed before the court; as a result, the court issued summons. The evidence led supported the version that the incident alleged, took place on 1 -4 -2004.