V K MALHOTRA Vs. G R NAGAR

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. filed by the accused petitioner, seeking quashment of the criminal complaint, copy Annexure P3 and the summoning order dated 28.3.2000, copy Annexure P4, passed by the learned Magistrate, ordering the summoning of the accused petitioner under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act) and under Section 506 IPC and all subsequent proceedings taken thereon, on the complaint filed by complainant-respondent No. 1 G.R. Nagar.

(2.) IT was alleged in the petition that the petitioner was working as Manager of the Punjab National Bank, Kharar Alipur, District Hisar and has been summoned as an accused for the offences under Section 3 of the Act and under Section 506 IPC, in the criminal complaint filed by complainant respondent G.R. Nagar. It was alleged that a complaint was lodged to the Regional Manager of the Punjab National Bank in the year 1997 in which it was mentioned that one Dhoop Singh, a customer, had levelled certain charges against the complainant-respondent G.R. Nagar and it was also alleged in the said complaint that accused petitioner V.K. Malhotra had also informed about some incidents about the working of the said Branch of the Bank. It was alleged that on receipt of the said complaint, the Regional Manager, vide letter dated 1.7.1997, had requested the Lead District Manager to hold an inquiry in the said complaint. It was alleged that after visiting the Branch Office, and recording evidence and completing the inquiry, the Lead District Manager, submitted his report that the act of G.R. Nagar, levelling allegations against present petitioner, were false. It was alleged that surprisingly, complainant respondent G.R. Nagar instituted the present complaint under Sections 3 and 4 of the Act and under Sections 467, 468, 506 IPC against the accused petitioner. It was alleged in the complaint that the accused petitioner got annoyed with the complainant respondent No. 1 on 17.6.1997 and started abusing him in the presence of the customers and the staff and that again on 21.6.1997, the accused petitioner insulted the complainant respondent No. 1. In the complainant, it was alleged that the complainant had gone to the police station to lodge the report but no action was taken by the police, whereupon complainant filed criminal complaint before the Special Court, copy Annexure P3. It was further alleged in the present petition that after recording preliminary evidence in the form of statement of complainant as CW1 and statement of Rohtas as CW2, the Sub Divisional Judicial Magistrate, Hansi, vide order dated 28.3.2000, copy Annexure P4, found that no case was made out for ordering summoning of the accused petitioner under Section 4 of the Act and under Sections 467, 468 IPC, but ordered the summoning of accused petitioner under Section 3 of the said Act and under Section 506 IPC. It was alleged that the criminal complaint, copy Annexure P3, summoning order dated 28.3.2000, copy Annexure P4 and all subsequent proceedings taken thereon are liable to be quashed being abuse of the process of the court. It was alleged that no offence under Section 3 of the Act was mae out, even prima facie, inasmuch as there was no allegation in the complaint that the accused petitioner had intentionally insulted the complainant being a member of the Scheduled Caste or Scheduled Tribe. It was further alleged that similarly, no offence under Section 506 IPC was made out. It was accordingly prayed that the petition be allowed and the criminal complaint and the summoning order passed by the learned Magistrate be quashed.

(3.) SUBSEQUENTLY , complainant respondent No. 1 also submitted written arguments dated 4.5.2001 and the same were taken on record.