SWAMI RAGHVA NAND Vs. BEDI

JUDGEMENT

(1.) THE first respondent Bedi filed a private complaint before the learned Judicial Magistrate alleging commission of offences under Sections 427, 435, 447 and 506 of the Indian Penal Code and Section 3 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (For the sake of brevity referred herein below as S.C. and S.T. Act).

(2.) THE learned Judicial Magistrate having examined the complainant and three other witnesses on his side and having marked Ex. C1 to C3 on the side of the complainant found that a prima facie case was made out as against the accused. The first accused Baba Raghva Nand who is the petitioner herein was summoned under Section 3 of the S.C. and S.T. Act and also under Section 506 of the Indian Penal Code. As summons were issued by the learned Judicial Magistrate as against the petitioner as well, the petitioner preferred a Revision before the learned Sessions Judge, Jind who chose to dismiss the Revision having found that the learned Judicial Magistrate has rightly issued summons as against the petitioner as well and that there was no patent illegality committed by the learned Judicial Magistrate.

(3.) THE learned counsel appearing for the Revision Petitioner would vehemently submit that the complainant as such did not disclose the ingredients which would constitute the offence under Section 3 of the S.C. and S.T. Act. He would further submit referring to the decisions of Hon'ble Supreme Court as well as this court that there was no specific averment in the complaint that the petitioner herein belonged to a different community from that of Scheduled Caste community. Further, it is his submission that no offfence under Section 506 of the Indian Penal Code was made out as against the petitioner.