ASHWANI KUMAR Vs. STATE AND ANR.

JUDGEMENT

(1.) THIS writ petition has been filed by petitioner; Ashwani Kumar seeking quashing of FIR No. 266/2006 under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989 (hereinafter referred to as SC/ST Act) registered at Police Station Tilak Marg.

(2.) PETITIONER was working as Manager with North Zone Railway Employees, CTC Society Ltd., Baroda House, whereas complainant Amit Chauhan was working as assistant with the said society. Petitioner had come to know that there was some misappropriation of funds and fraud in the organization as the LIC premium of Rs. 50/ - paid by the members of the society was never paid to the Life Insurance Corporation of India (LIC) on account of insurance. Petitioner filed complaints with LIC and other agencies and because of these complaints, Chairman Anil Kumar Rajpal, North Zone Railways Employees, Baroda House was unhappy as he apprehended being caught for fraud during investigation of the said complaints. Petitioner was suspended from service on 21.12.2005 by the Chairman and petitioner filed a suit against suspension order on 23.1.2006. In the said case the Chairman was issued notice for appearance on 1.2.2006. The said suit is pending adjudication.

(3.) PETITIONER has sought quashing of the FIR on the following grounds: