SITA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure for quashing the complaint under Sections 3,4 and 6 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989, (hereinafter referred to be as SC & ST Act only), and 323, 324,447 read with Section 149 of the Indian Penal Code, filed by respondent No.2, and pending in the Court of Sub-Divisional Judicial Magistrate, Anandpur Sahib, as also the summoning order, has been filed by the petitioners.

(2.) The complaint, aforesaid, was filed by Joga Singh, (respondent No.2) on the allegations, that on 28.5.2006 at about 11.30 a.m., he along with his wife was working in the land, when the petitioners, in prosecution of the common object of unlawful assembly, came there and trespassed into the said land. Subhash Chander, petitioner, was armed with Kohara, Jagdish Ram, petitioner, was armed with wooden Phora, Hem Raj, petitioner, was armed with Kehi and others were armed with lathies. Subhash Chander, petitioner, raised an exhortation, using offending language against the caste of the complainant, who belongs to scheduled caste. Injuries were also caused on the person of the complainant. Hem Raj, accused, also used offending language against the caste of the complainant. Harbhajan Singh, uncle of the complainant, informed the police about the incident on telephone, but it did not take any action. It was further stated that a false case with regard to the said incident, was registered against the complainant, vide FIR No. 23 dated 8.5.2006. Ultimately, the complaint, aforesaid was filed.

(3.) After recording the preliminary evidence, the petitioners were summoned for the offences, aforesaid.