NARINDER KUMAR Vs. KAMLESH AND OTHERS

JUDGEMENT

(1.) THE instant application has been filed under Section 378(4) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 19.01.2013 passed by the learned Judicial Magistrate 1st Class, Kurukshetra, whereby complaint of the petitioner -complainant under Sections 3(v), (viii), (ix), (x), (xiv), (xv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 218 of the Indian Penal Code and Section 13(a) of the Prevention of Corruption Act, has been dismissed. Brief facts of the case are that on 22.09.2011 at about 3.30 P.M. respondent Nos. 1 and 2 came to the house of the petitioner where father of the petitioner had gone for a walk while mother of the petitioner was in the home. On her arrival, respondent No. 1 shouted publically before the gate of the petitioner and stated "Tum Dad Chamaron Ne Hamara Pados Khrab Kiya Huya Hai, Abhi to Tumhara Gate Band Karwaya Hai Ab Tumhara Pani Bijli Bhi Band Karwa Denge." The petitioner requested them not to so call against his caste. On this, respondent No. 2 - Shiv Kumar Sharma shouted "Sale Dad, Jalado Apne Aap Ko Kya Samjhte Hai, Tumhara Kam Jutiya Kandne Ka Hai, Yah Brahman Baniya Ka Mohalla Hai, Tumhara Main Se Chmade Ki Badbu Aati Hai, Ya to Makan Chod Kar Bhag Jayo." On this many people gathered there. The owner of the house along with other labourers also came out in the street and requested them not to do so on which respondent No. 2 - Shiv Kumar stated to his wife "Kyun in Chamaro Dadon Ke Muh Lagti Ho" and stated to the petitioner and his mother "Sale Dadon Chup Chap Makan Chod Kar Bhag Jao or Jakar Kisi Sadak Per Badh Kar Jutiyan Kadho, Tumne to Hamari value bhi Kam Kardi Hai, Jo Hamare Ristedar Bhi Akar Atraj Karte Hai." On 23.09.2011, the petitioner moved an application to Superintendent of Police, Kurukshetra who forwarded the same to Police Post 3rd Gate, Kurukshetra, which was dealt with by ASI Mange Ram - respondent No. 3, who after investigating the complaint sent back the same to the Superintendent of Police with a comment that it was false complaint. When the petitioner asked ASI Mange Ram about the status of his complaint then he uttered "Are Sale Dad Ki Aulad Kyun Mera Dimag Kha Raha Hai, Yahan Se Dafa Ho Jayo." Thereafter, the petitioner met the S.P., Kurukshetra and apprised him of the situation on which second complaint was again marked to ASI Mange Ram, which was later on entrusted to SHO, Kurukshetra, who called the petitioner and two witnesses. When the petitioner, Rakesh Sharma and Raj Kumar witnesses reached in Police Station, Kurukshetra where respondent No. 2 - Kewal Singh was present and threatened the witnesses. Later on, he asked to submit the affidavit of the witnesses of the petitioner on which Rakesh Kumar and Raj Kumar submitted their affidavits on 24.01.2011 which were not placed on the enquiry file. Respondent No. 2 asked the petitioner to give Rs. 20,000/ - if he wanted to get his case registered. Thereafter, respondent No. 4 had prepared incorrect record to save the accused and a false report had been sent to the DSP Headquarter alleging that complaint of the petitioner was false and no action had been taken. Thereafter, the petitioner filed the present criminal complaint before the trial Court.

(2.) THE learned Trial Court vide judgment dated 19.01.2013, after appreciating the evidence, dismissed the complaint and discharged the accused -respondents. Hence, this application for grant of leave to appeal.

(3.) THE learned trial Court, after appreciating the evidence on record, observed as under: - -