JASPAL SINGH GILL Vs. SIKANDAR

JUDGEMENT

(1.) The instant petition under Section 438 Cr.P.C. read with Section 482 Cr.P.C. has been filed for grant of anticipatory bail to the petitioner in complaint case No.291 dated 24.12.2011 under Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') read with Sections 323/506/34 IPC, titled 'Sikandar vs. Jaspal Singh and others' , pending in the Court of Judicial Magistrate Ist Class, Amritsar, in which petitioner has been summoned vide order dated 3.12.2012.

(2.) Learned counsel for the petitioner contends that the story as put in the complaint is to the effect that the services of the complainant were hired by the petitioner for doing whitewash at his place. Then dispute arose with regard to payment of certain amount.

(3.) Thereafter, allegations have been levelled that the petitioner used derogatory remarks in the name of the caste of the complainant. Learned counsel further contends that entire family has been roped in including a student of BDS and there is nothing in the complaint that the petitioner was owner of the house where complainant was hired to whitewash. It is the case of the petitioner that in fact petitioner has been implicated in this criminal case at the instance of another person with whom the family of the petitioner is involved in a civil litigation with regard to a land dispute. For that reason, this complaint has been got filed. In fact, this is a proxy litigation initiated by the complainant at the instance of a covillager. Prima facie perusal of the complaint shows that story at the face of it cannot be taken as such. Learned counsel further contends that the alleged chance witnesses have been created. This whole story is false and fabricated.