NAMITA AGNIHOTRI Vs. REKHA BARETHIA

JUDGEMENT

(1.) BEING aggrieved by the order dated 12-4-2002 passed by Special Judge, Sagar in special case No. 236/2001 framing charges against the petitioner for the offence punishable under section 500, Indian Penal Code and under section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the "Act"). The petitioner has filed this petition under section 397/401 of the Code of Criminal Procedure.

(2.) THE facts of the case which led to filing of this revision are that a complaint was filed by the respondent No. 1 against the petitioner and co- accused B.L. Namdeo. The case of the prosecution as portrayed in the complaint is that Rekha and the petitioner were posted in the teaching staff of department of zoology in Government Degree College, Bina of which Shri B.L. Namdeo was the in-charge principal. On 27-2-1997 at about 2-3 P.M. respondent No. 1 was sitting in the staff room of the department of Zoology. The petitioner was also present there. It is alleged that the petitioner intentionally insulted or intimidated the respondent No. 1 in order to humiliate her being a member of the scheduled caste. The respondent No. 1 made a complaint to her superiors but on the insistence of the staff members; she forgave the petitioner on tendering an apology in writing.

(3.) THE statement of complainant was recorded under section 200, Criminal Procedure Code and the statements of her witnesses Hitesh Kumar and Santosh Dubey were recorded under section 202, Criminal Procedure Code.