SANAD LODHI Vs. SUMMABAI AND ANOTHER

JUDGEMENT

(1.) The present petition has been filed by the petitioner herein aggrieved by the order dated 30.8.2010 passed by the Court of the learned Chief Judicial Magistrate, Mandla, registering a complaint case against the petitioner herein after taking cognizance of offences under sections 294 and 354 IPC and section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 (hereinafter referred to as "the Act"). Hence, this petition has been filed for quashing the registration of the complaint case.

(2.) The respondent no.1/complainant was issued notice earlier in the year 2011 itself. However, she did not register appearance through counsel or in personal capacity. However, by way of abundant caution, because the respondent no.1/complainant is a lady from the depressed classes of the society, notice was once again issued to her by this court on 25.1.2018 and the office report of 10.2018 reflects that the notice was served on the respondent no.1/complainant. Today also, no one appears on behalf of the respondent no.1/complainant.

(3.) The facts leading to the present petition relate to an incident which had taken place on 15.2.2007. As per the complaint case, the respondent no.1/complainant and her children, while passing through a dolomite mine, were confronted by the petitioner herein who allegedly offered money to the respondent no.1/complainant to have a relationship with him and when she refused, he is stated to have thrown her on the ground and inappropriately touched her breasts and upon her shouting for help, two witnesses, Munnalal and Mewalal, came to the scene of occurrence and saw the respondent no.1/complainant being touched inappropriately by the petitioner herein and that she had suffered injuries to her wrist on account of her bangles breaking in the scuffle. The police complaint that was given by the respondent no.1/complainant was registered only under section 324 IPC as, according to the police, no allegation was made by the complainant/respondent no.1, of the petitioner having touched her anywhere on the body inappropriately. In her complaint to the police dated 15.2.2007 she is stated to have said that the petitioner herein grappled with her and threw her on the ground on account of which she suffered the wrist injuries. She is also stated to have got her medical examination done and the doctor has opined about the abrasion injuries on her wrist being within 12 to 14 hours before the medical examination.