PARDEEP SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) AMAR Singh filed a complaint against the petitioners under Section 3 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989 (hereinafter referred to as "the SC/ST Act") on the allegations that he belonged to Mezbi caste and has been declared as scheduled caste. Manjit Kaur, wife of Jaswant Singh, daughter-in-law of the complainant contested the election of Sarpanch of village Jethu Nangal Block Majitha held on 21.6.1998 and Gurwant Kaur wife of Pardeep Singh was her opponent. It is further case of the complainant that the accused belonged to Jat caste. On 21.6.1998 at 8 a.m. the election had started at polling booth at village Jethu Nangal and at that time, accused persons started threatening and mandhanled the complainant and his daughter-in-law. When the complainant and his daughter-in-law resisted, accused remarked "that these Kute chuhras will not be allowed to contest the election of sarpanch and would not be allowed to cast vote." The matter was reported to the police, but no action was taken. Then complainant filed a complaint in the court of Illaqa Magistrate and the accused were summoned to face the trial Court under Section 3 of the SC/ST Act.

(2.) PETITIONERS have filed this petition under Section 482 Cr.P.C. for quashing the complaint and consequent proceedings.

(3.) DURING the course of arguments, learned counsel for the petitioners did not address any argument on the point that Magistrate has no power to take cognizance of the offence committed under the SC/ST Act. He has confined his argument only to the point that it is a counter blast to the FIR, Annexure P-2 which has been filed against the complainant and his family members. He submitted that in the election petition filed by Manjit Kaur, it has not been mentioned that the petitioners have used the derogatory language and if such remark would have been made a mention of it would have been made in the election petition also.