SWARAN SINGH AND ORS Vs. STATE

JUDGEMENT

(1.) The petitioners are claiming quashing of the order dated 14.03.06 issued by the Additional Sessions Judge, charging them with having committed offences punishable under Section 3(1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter referred to as the Act ). Charges were framed pursuant to initiation of criminal proceedings through First Information Report (FIR) No. 68/02 lodged on 15.06.05.

(2.) The first petitioner is the husband of the second petitioner and the father of the third petitioner. He and other petitioners reside on the first floor of premises being M-39, Greater Kailash-II. He had complained to the local police on 09.11.04 alleging that the basement and the ground floor were being used for commercial activities, in contravention of the Master Plan and other relevant laws, by one M/s Softtalk Technologies Pvt. Ltd., a sole proprietorship firm of one Shri Umesh Gupta. The complaint also alleged harassment by the said Shri Umesh Gupta and his employees. It is alleged that the Commissioner of Municipal Corporation of Delhi (MCD) was also notified about such illegal activities around the same time.

(3.) It is alleged in the present proceedings that after becoming aware of the complaints, the said occupant held out threats alleging that he would implicate all the petitioners. It is claimed that the first petitioner wrote letters to the Deputy Commissioner of Police. When matters stood thus, the police authorities, on 27.01.05 recorded information of breach of peace, under Section 107/111, Cr.P.C. against the petitioners, the complainant/informant in this case and the said Shri Umesh Gupta, which was accepted by the Special Executive Magistrate on 18.02.05. Thereafter, apparently a writ petition being WP (Crl.) 253/05 was initiated for a direction to lodge a First Information Report against the petitioners for alleged commission of offences under the Act. Notice was issued but subsequently on 17.05.05, it was disclosed that FIR No. 124/05 was lodged on allegations of violation of provisions of the act.