MANDHIR SINGH Vs. PARVEEN BALA

JUDGEMENT

(1.) Respondent No. 1 has already been proceeded against exprate.

(2.) This revision petition under Section 482 Cr.P.C. has been filed for quashing the complaint titled as Praveen Bala v. Mandhir Singh and others as well as summoning order dated 27.11.1997 passed by Special Judge, Jalandhar under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Act") and the proceedings pending therein.

(3.) Counsel for the petitioners contended that respondent No. 2, Praveen Bala was not competent to file the complaint under Section 3 of the Act directly before the Special Judge which is Court of Sessions and should have filed the complaint with the Illaga Magistrate and as such, the summoning order dated 27.11.1997 passed by the Special Judge, Jalandhar was illegal. For this contention, he placed reliance on the authority of this Court i.e. Avtar Singh v. State of Punjab, 2001 2 RCR(Cri) 67 (Pb. & Hry.)], which supported the above contention of the learned counsel for the petitioners. It has been held by the Hon'ble Apex Court in Gangula Ashok and another v. State of A.P., 2000 1 RCR(Cri) 797(SC) (SC)] as under :