RAI SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PRAFULLA C. Pant J. Heard learned counsel for the parties.

(2.) THIS Revision is directed against the judgment and order dated 18-07-2006, passed by learned Sessions Judge, Tehri Garhwal in criminal revision No. 39 of 2005, whereby the order dated 02-07-2005, passed by Special Judicial Magistrate, sum moning the accused respondent No. 2, is set aside.

(3.) IT is pertinent to mention here that offence punishable under Section 4 of the Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act, 1989, gets attracted when a public servant neglects to perform his duty under said Act. In the present case, duty of respondent No. 2 to give admission to the son of com plainant, was not in exercise of the above Act, as such the order passed by Special Judicial Magistrate summoning the ac cused was against the law, on this ground also.