OM PRAKASH Vs. SUBHASH CHAND

JUDGEMENT

(1.) The instant petition has been filed for quashing the complaint No. 25 dated 30.03.2007 (Annexure P/2) titled as

(2.) On hearing this, petitioner no.1 came out of the shop and gave two shoes blows on the head of the respondent and said that Kutaya Chamara we do not take back goods which are returned by Chamars. On this, people gathered on the road and respondent felt humiliated. In para no.6 of the complaint, it is mentioned that incident had occurred at the shop. The respondent had earlier lodged an FIR No.210 dated 06.09.2005, under Section 3 & 4 of the SC&ST Act against the petitioners, but the police has not presented any challan. As such, the offence under the SC&ST Act committed by the petitioners.

(3.) The respondent examined himself and Naranjan Singh in preliminary evidence as CWs. Thereafter, petitioners have been summoned under Sections 3 and 4 of the SC&ST Act read with Section 323 IPC vide summoning order dated 04.04.2009 (Annexure P/3). Hence, this petition.