GURMIT SINGH Vs. CHINDER SINGH

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. for quashing complaint case no. 190 dated 25.10.2005 titled Chinder Singh Vs. Gurmit Singh. The complaint has been filed against the petitioner for commission of an offence under Section 3(X) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "The Act") readwith Section 500 IPC placed on record as Annexure P-1 and order of summoning dated 10.11.2007 Annexure P-4.

(2.) Learned counsel for the petitioner states that even if the complaint is accepted at its face value, offence under Section 3 (X) of the Act is not spelt out. The respondent-complainant has not anywhere made a mention in the complaint that the petitioner knew that the respondent-complainant is a member of Scheduled Caste or Scheduled Tribe and knowing so had intentionally insulted or intimidated with an intent to humiliate him. In this regard, reliance has been placed on 2008 (1) RCR (Criminal) 377 titled Chaman Lal Goyal Vs. Kaur Singh.

(3.) Learned counsel further states that complaint is a procured one. The respondent-complainant had been used by another person namely Sukhdev Singh Ex. Sarpanch of the village to file the complaint. The petitioner did not even know the respondent-complainant. It has further been argued that an inquiry had been conducted by Sub Divisional Magistrate, Moga in regard to the incident. A finding has been returned to the effect that no such incident took place. Reference has been made to Annexure P-6 dated 28.02.2005.