KAMLA DEVI Vs. STATE

JUDGEMENT

(1.) The petitioner has impugned a judgment and order dated 1.8.2005 of the learned Additional Sessions Judge (hereafter called the ASJ ). By the said impugned order, the ADJ had interfered with the summoning order of the Metropolitan Magistrate, under which the respondent/accused had been been summoned for allegedly committing offences under Sections 323/341/354/308/506 read with Section 3 of SC and ST (Prevention of Atrocities) Act, 1989 (hereafter the SC/ST Act ).

(2.) The allegation levelled by the complaint, was that on 1.12.1999, when she was going with her son, after purchasing vegetables, the respondent accused started abusing her/calling her names. It was further alleged that upon being questioned by her son as to why he was doing so, the accused assaulted her son and also allegedly molested her.

(3.) The complainant led the summoning evidence, in the course of which she along with her son Dalip Kumar and Dr. Muni Raj Sharma as well as one Mr. Puran Chand deposed in the proceedings. After considering the materials, the learned Magistrate issued the summoning order on 29.7.2002. The offences which the respondent/accused was called upon to answer were under Sections 323/341/354/308/506 read with Section 3 of the SC and ST (POA) Act, 1989.