JATINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Section 438 of the Code of Criminal Procedure, praying for grant of anticipatory bail to the petitioner in case FIR No.120 dated 17.08.2012, registered under Sections 323, 324, 341, 506 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Police Station Naggal, District Ambala. The learned counsel for the petitioners contends that the place of occurrence cannot be construed to be a public place. The prima facie requirement of the SC/ST Act is not satisfied. The complainant has misused the process of law. In fact, the dispute pertains to the utilization of water for irrigating their respective fields. He cites Mukesh Kumar Saini Vs. State (Delhi Administration), 2002 1 RCR(Cri) 242; Dr. Onkar Chander Jagpal and another Vs. Union Territory, Chandigarh and another, 2012 1 RCR(Cri) 931; and Abdul Abbas Vs. State of Chhattisgarh, 2005 CrLJ 3051.

(2.) Heard.

(3.) The occurrence took place in the fields. The complainant was rescued by the father of the petitioner. Thereafter, the complainant was again waylaid by the petitioner, where his brother-in-law, who visited from Punjab, saved him.