RANA SHERGIL AND ORS. Vs. SUKHWINDER KAUR

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of complaint No. 24 dated 04.04.2009, registered under Sections 3(1)(X) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and summoning order dated 28.02.2013 (Annexure P-2) and all consequential proceedings arising therefrom. The learned counsel for the petitioners contends that the impugned order dated 28.02.2013, whereby the petitioners were ordered to be summoned to face trial, is illegal and passed in a arbitrary manner. The petitioner No. 1 being the sarpanch of the village and petitioner No. 2 being his nephew has been falsely roped in the present case. There is no specific allegation against the petitioners in the said complaint that they uttered derogatory words or called the respondent/complainant by her caste in order to humiliate and insult her. The learned counsel cites Gorige Pentaiah v. State of A.P. & Others, 2008 4 RCR(Cri) 171 and Dr. Onkar Chander Jagpal and others v. Union Territory, Chandigarh and another, 2012 1 RCR(Cri) 931.

(2.) The learned amicus curiae submits that there are specific allegations against the petitioners in the complaint and the trial Court has rightly summoned them to face the trial. The petitioners being influential persons used derogatory words against the complainant and other co-villagers, which is duly proved with the testimonies of CW-1-complainant, CW-2 Ajaib Kaur and CW-3 Rachna. The learned counsel cites Swaran Singh and others v. State through Standing Counsel & Anr., 2008 4 RCR(Cri) 74, Ashabai Machindra Adhagale v. State of Maharashtra and Ors., 2009 2 RCR(Cri) 86, State of Orissa and another v. Saroj Kumar Sahoo, 2006 1 RCR(Cri) 324 and Amar Nath etc. v. State of Haryana etc., 1977 AIR(SC) 2185.

(3.) I have heard the learned counsel for the parties and have gone the record file carefully with their able assistance.