SAMPURAN SHARMA Vs. BALDEV SINGH

JUDGEMENT

(1.) PETITIONER has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing criminal complaint dated 02.02.2009 (Annexure P -2) and the summoning order dated 09.05.2012 (Annexure P -3), passed by the Judicial Magistrate Ist Class, Barnala.

(2.) THE complaint (Annexure P -2) was filed under Sections 3 (1)(x) and (xv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short to be referred as 'the Act'). The respondent -complainant is Majhbi Sikh which is a scheduled caste whereas the petitioner is a Brahmin by caste. The petitioner was the Branch Manager of State Bank of India, Cheema Branch.

(3.) WHEN the respondent and witnesses asked the accused not to do so and stated that they would take legal action against him, the petitioner again remarked that "tusin chure mera ki vigaar sakde ho, niklo bahar dhedo, jo marji hai kar layo". The respondent and the witnesses accompanying him returned back feeling insulted by the petitioner.