RAJ KUMAR @ RAJ KUNWAR Vs. JAI SINGH DAHIYA

JUDGEMENT

(1.) A complaint was filed under Sections 3(1)(x), 3(2) (vii) and 4 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Brief facts of the case are that the accused is police officer and belongs to Jat community whereas complainant is Scheduled caste and some influential person of village Lakhan Majra and had encroached Shamlat land of the village and case FIR No.197 under Sections 166, 188, 425, 426, 427, 441, 447, 452, 268, 290, 339, 341, 506, 120- B/34 of the IPC was got registered in Police Station Lakhan Majra on 22.09.2007. Accused Jai Singh was posted in Police Station Lakhan Majra. The accused wanted to favour some persons who are his distant relatives. No action was taken despite several time requests made by the complainant against the accused persons of that case. The accused persons openly gave threatening that their relative is posted in Police Station Lakhan Majra and he is being Investigating officer will favour them. On 09.11.2007, at about 6.00 pm, the complainant had gone in Police Station Lkahan majra, where accused Jai Singh was found present. On seeing the complainant he started calling bad names and called him "chamar, dedh, kamin". Some otyher police officers were also present and Sada Ram Sharma of his village was also present in whose presence accused had used insulting language and gave thereatening by calling bad names in the name of the complainant. Accused threatened him to leave the police station otherwise he will implicate the complainant in a false case. The complainant came back to his house and filed complaint along with affidavit of Sada Ram Sharma to CM, DSP, Hon'ble President of India and others authorities but no action was taken against the accused by any authority.

(3.) Charges were framed. The accused was summoned to face the trial and the case was committed to the Court of Sessions by Sub Divisional Judicial Magistrate, Meham on 10.12.2009.