HARKESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 438 Cr.P.C. for pre- arrest bal in Complaint Case No. 53 dated 4.2.2002 titled as Harbans v. Harkesh and another under Section 323/34 IPC read with Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter called 'the Act').

(2.) HARBANS Lal filed a complaint against the petitioners on 14.11.2002 stating therein that on the Diwali Day, the petitioners gave him beatings with legs and slaps on his face and also in the stomach and called him as Chammar, Chamaru, Dhaid. It was alleged in the complaint that the petitioners have threatened the complainant that in case he lodged any complaint, he would be killed. In the preliminary evidence, the complainant himself appeared as PW-1 and also examined Het Lal eye-witness of the occurrence. A prima facie case against the petitioners was found to issue the process. The petitioners challenged the order before the revisional Court. The Judge, Special Court dismissed the revision petition. The petitioners, apprehending their arrest filed an application before the Judge, Special Court, Faridabad for pre-arrest bail and the same was declined on the ground that the application is not maintainable.

(3.) I have considered this submission made by the counsel for the petitioners but find the same without any merit.