ANIL KUMAR Vs. JASWANT SINGH

JUDGEMENT

(1.) The instant petition has been filed under Sec. 482 of the Code of Criminal Procedure (For short "Cr.P.C.") seeking quashing of Criminal Complaint No.51 of 2008 titled as Jaswant Singh v. Anil Kumar and others, filed under Sec. 323 of IPC and Sec. 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (For short the SC&ST Act'), the order dtd. 3/6/2015 (Annexure P-10) passed by the Court of learned Additional Sessions Judge, Mohali in Criminal Revision No.58 of 2014 whereby the order dtd. 26/5/2014 passed in the aforementioned complaint thereby dismissing the complaint had been set aside and permission was granted to the respondent-complainant to lead additional evidence as well as the order dtd. 19/10/2015 passed in the aforementioned complaint by the trial Magistrate whereby the present petitioners except Pankaj Kumar Gupta had been summoned to face trial for commission of aforementioned offences.

(2.) For the sake of continuity and coherence, the parties shall be nominated as per their original nomenclature as given during the course of trial.

(3.) The facts relevant for the purpose of disposal of this petition are that the aforementioned complaint had been filed by the complainant before the police on the allegations that on 28/12/2005, on being informed that the accused were raising construction on land comprised in Khasra No.615 which was Shamlat Deh land, the complainant had gone there and asked them to stop the construction which was illegally raised but the accused started hurling abuses to the complainant by calling him as "Chamar" and also used other derogatory words about his caste. The accused Satish Bala even caught hold of the complainant and assaulted him. Several persons who had gathered at the spot saved him for the assailants. Initially, a case bearing FIR No.195 dtd. 6/10/2007 registered at Police Station Zirakpur was registered on the aforementioned complaint. However, subsequently a cancellation report had been filed. The complainant disagreed with the said cancellation report and then the complaint was ordered to be treated as a private complaint/protest petition.