SAILENDRA KUMAR SENGUPTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY these applications under section 482 of the code of Criminal Procedure read with Article 227 of the Constitution of India issuance of summons by the Judicial Magistrate, First Class, 5th Court, Nagpur for the offence punishable under section 3 (1) (x), 3 (2) (vii) of the Scheduled castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "act") upon Criminal Complaint Case No. 152/2000 instituted by respondent No. 2 (hereinafter referred to as the 'complainant') has been challenged.

(2.) THE complainant is a Sikh belonging to Mehtar caste which is a scheduled Caste. At the relevant time he was serving as Diesel Mechanic Grade i in South Eastern Railway, Motibagh Diesel Shed, Nagpur. Heeralal Pande, the petitioner in Criminal Application No. 2221/2003 (hereinafter referred to as accused No. 1) was serving as Sectional Engineer (Electrical ). Srinivasa kalyanaraman, the petitioner in Criminal Application No. 2524/2003 (hereinafter referred to as accused No. 2) was serving as Assistant Mechanical Engineer. Shailendrakumar Sengupta, the petitioner in Criminal Application No. 663/2003 (hereinafter referred to as accused No. 3) was serving as Senior Sectional engineer in the same office. They were the superiors of the complainant.

(3.) ACCORDING to the complainant, accused No. 1 knowing the caste of the complainant, used to harass the complainant on one or the other excuse and used to abuse him on caste. Despite protest by the complainant accused No. 1 did not stop humiliation to the complainant.