(1.) MOHINDER Singh respondent filed a complaint under section 506, Indian Penal Code and sections 6 and 7 of the Untouchability Act against the petitioner on January 12. 1984, wherein, the Judicial Magistrate Ist Class, Giderbaha. has summoned the petitioner under Sections 6 and 7 of the Untouchability Act vide order. dated January 27, 1984.
(2.) THE petitioner is a Block Development Officer, District Faridkot. According-to the complainant he approached the petitioner in his office on January 12, 1994. and requested that he may be got delivered the charge as Sarpanch. Gram Panchayat, Adhanian. The complainant is a member of the Schedule Castes. The petitioner ridiculed him for being a member of the scheduled castes and further declined to help him in getting the charge as Sarpanch on that account. The petitioner also warned him not to visit his office again.
(3.) THE learned counsel for the complainant has argued that the act of the petitioner complained against cannot be treated having been performed in the discharge of his official duties and as such no sanction for his prosecution under section 197, Criminal Procedure Code, is required.