LAWS(P&H)-2012-1-718

SUSHIL KUMAR Vs. STATE OF HARYANA AND OTHERS

Decided On January 23, 2012
SUSHIL KUMAR Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) The crux of the facts, culminating in the commencement, relevant for disposal of the present revision petition and emanating from the record is that, in the wake of complaint of complainant Sushil Kumar(petitioner), JBT Teacher in the Government Primary School, Uchana Mandi, Jind, a criminal case was registered against the main accused Surender @ Kala, his father Suraj Mal and Headmaster Jai Parkash, vide FIR No.278 dated 26.11.2008, on accusation of having committed the offence punishable under Sections 452, 332, 323, 353, 506 IPC and Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as "the Act"), by the police of Police Station Sadar, Narwana, District Jind.

(2.) According to the petitioner that, on 11.09.2008, accused Jai Parkash, instigated Sumitra Devi, Instructor, accused Surender @ Kala and others against him(complainant). At about 11.50 AM, the accused came and asked him 'Churah', 'Dhed' and attacked him. In the meantime, Suraj Mal, father-in-law of Sumitra Devi also reached there and hurled abuses in an illegal language towards his caste. On the basis of aforesaid allegations, a criminal case was registered against the accused, in the manner depicted hereinabove.

(3.) During the course of investigation, accused Jai Parkash and Suraj Mal were found innocent and they were not challaned. Consequently, the police submitted the challan/final police report against the main accused Surender @ Kala under Section 173 Cr.P.C.