GURMEL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD. Petitioners, Gurmail Singh and Raghbir Singh, who have been summoned as accused in a private complaint No. 48 dated 22.9.2008 titled as Jagdish Singh v. Gurmel Singh and another filed against them by Jagdish Singh-respondent No. 2 under Sections 3 and 4 of the Scheduled Caste and Scheduled Tribes(Prevention of Atrocities)Act, 1985(hereinafter referred to as 'the Act') and Sections 323, 324, 506, 452 and 120-B of the Indian Penal Code and Section 156(3) of the Code of Criminal Procedure, have come up with the present petition under Section 438 of the Code of Criminal Procedure read with Section 482 Cr.P.C. for the grant of anticipatory bail.

(2.) THE summoning order was passed against the accused on the basis of the preliminary evidence produced by the complainant and the enquiry report was sought from the police by the Magistrate. THE complainant himself did not appear in the preliminary evidence.

(3.) THE offence under Section 3 of the Act can be committed only by a person who does not belong to any Scheduled caste against the person, who belongs to such a caste. No evidence was produced before the Magistrate for proving that the petitioners did not belong to any such caste, which has been declared as scheduled caste by the Punjab Government by issuing a notification to that effect. THErefore, it cannot be said any offence under the Act is prima facie made out against the petitioners.