ARSHDEEP LOOMBA AND ANOTHER Vs. GURDAS SINGH

JUDGEMENT

(1.) The complaint impugned in the present case was filed by respondent Gurdas Singh @ Gaggi alleging offences under Sections 323, 324, 500 IPC read with Sections 3 and 4 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1980. The case is now pending before the Court of Judicial Magistrate 1 st Class, Mukatsar. The petitioners stand summoned in this case.

(2.) As per the complainant, he belongs to Majbi Sikh caste and is rickshaw puller. The petitioners belong to Hindu Community. On 13.11.2008, the complainant was standing near bus stand, Mukatsar with his rickshaw, which was allegedly hired by the petitioners as they were to go to Darbar Sahib, Mukatsar. On reaching the destination, the petitioners asked the complainant to wait as the petitioner would return after paying obeisance. They also promised to pay the fare on return. The complainant, thus, kept on waiting for the petitioners for over an hour. The petitioners returned and they required the respondent to wait further as they were likely to take some more time in Gurdwara. The complainant demanded remuneration, which the petitioners refused. The complainant repeated the demand. Enranged by this demand, petitioner No. 1 slapped the complainant and abused him saying 'KUTIA CHUHRIA NU BILKUL VEE AKAL NAHIN HUNDI HAI" (there is no sense with doggy Scheduled castes). The complainant requested the petitioners not to abuse him like this when he allegedly again called him 'Kutia Chuhria' and gave him beating.

(3.) On the basis of this complaint filed on 02.12.2008, the petitioners stand summoned under Sections 323 IPC and 3 (1) (x) of the SC/ST Act. The petitioners, accordingly, have approached this Court for quashing of this complaint and the summoning order. As per the petitioners, the Magistrate did not apply his judicial mind while ordering summoning of the petitioners.