SATBIR SINGH Vs. STATE

JUDGEMENT

(1.) THE aforesaid writ petition arises out of a dispute which arose between the two factions one led by the petitioner No. 1 and the other led by Sh. Jaipal at whose instance FIR No. 78/2008 (Second FIR) under sections 147/148/149/323 IPC registered at P. S. Anand Parbat against petitioner No. 1 and some other persons, petitioner No. 1 is the author of fir No. 77/2008 (First FIR)under Sections 147/148/149/323/435 IPC registered earlier at the same police station in respect of the same incident which occurred in the midnight of 5/6th June, 2008.

(2.) THE grievance made by the petitioner is slapping of provisions under section 3 (1) (x) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the SC/st act) after more than 48 hours of the registration of FIR No. 78/2008 on the basis of an additional complaint made by 24 person in writing to the senior officials of the police and recording of the statement under Section 161 of cr. P. C.

(3.) ACCORDING to the petitioner, after 4-5 boys in inebriated conditions were found indulging in lauding, abusing and using filthy language and were asked to stop that by petitioner No. 1, the said boys went away but later came back with group of persons who were equipped with bricks, stones and glass bottles and started hurling abuses in front of the house of petitioner no. 1 which is the basis of his complaint filed at about 12:10 am, i. e. , almost in the midnight of 5-6th June, 2008 resulting registration of FIR No. 77/2008 under Sections 147, 148, 149, 323 and 435 of IPC against Sh. Jaipal and Others. Soon thereafter, at the instance of Sh. Jaipal, the police registered a cross fir No. 78/2008 under Sections 147,148,149,323, and 435 of IPC against petitioner No. 1 and some other persons in respect of the same incident which was also the basis of the registration of the FIR No. 77/2007. The matter was also reported by the various dailies where the incident had been described as a fight between two rival factions without a whisper about making of caste remarks.