BAL SINGH Vs. KARAMBIR SINGH

JUDGEMENT

(1.) The prayer in the present petition under Sec. 482 Cr.P.C. is for quashing of the impugned order dtd. 3/2/2018 passed by the Judicial Magistrate Ist Class, Kaithal in complaint case No.RBT 35 of 2017 (CIS No.COMI-248 of 2014) under Ss. 323, 341, 342, 352, 426, 120-B and 506 IPC and Sec. 3 of SC & ST Act whereby the complaint of the petitioner has been dismissed with further prayer for quashing the order dtd. 9/12/2021 passed by the Additional Sessions Judge, Kaithal (Annexure P-4) whereby the revision against the order dtd. 3/2/2018 has also been dismissed.

(2.) The brief facts of the case of the complainant are that the complainant-petitioner belongs to Schedule Caste Community and the accused/respondents No. 1 to 5 belongs to upper Caste. The salary of the complainant was not paid. Hence, a case under Sec. 15 of the Payment of Wages Act, 1936 was filed by the complainant, which was pending before the authority under the Payment of Wages Act, Kaithal since 2011 and accused No. 3 was impleaded as a respondent in that case. On 17/9/2014, at about 2.30 p.m the complainant was on duty at Water Tank No. 2 at Village Sanch. Accused No. 1 to 5 after hatching a criminal conspiracy came at the spot in a Jeep (Tata Sumo) of the Public Health Department. Accused No. 3 to 5 forcibly snatched the keys of the water tank room from the complainant and also snatched the attendance register maintained at Water Tank and tore the same and destroyed the relevant piece of evidence in the case of payment of wages. In the meantime, the witnesses, namely, Bhag Singh, s/o Hira Singh, Joginder s/o Shiv Kumar, Ram Kumar s/o Dhan Singh and Karam Singh s/o Amar Singh all residents of Village Sanch, came to the spot and witnessed the entire incident. All the accused knew that the complainant belongs to Scheduled Caste (Chamar) Community and the accused No.3/Dinesh Gaba shouted "Sale ded ke bache ko jeep me dalkar le chalo or itne joot maro ki tube-well ke pass bhi na jaye". In this way the accused uttered caste related words to the complainant in public with a view to harm his dignity in the eyes of public to lower down his image. On asking of accused No.3, accused No.4 to 5 slapped the complainant. Accused No.1 caught hold of the complainant from his hair and accused No.2 gave kick blows on his back. Accused No. 1 and 2 hurled filthy abuses to the complainant and also used criminal force against him. Accused No.1 by putting his hand between the legs of the complainant forcibly threw him inside the jeep of accused No.3 and witness Karam Singh clicked a photograph of the incident in which the accused assaulted the complainant. All the accused forcibly and illegally confined and restrained the complainant in the official Tata Sumo of Public Health Department and under pressure got the signatures of the complainant obtained on some blank papers. Witness Bhag Singh along with a few respectables came to the Police Station Pundri and told the accused that they could not keep the complainant in illegal custody, on which the accused No.1 and 2 took Bhag Singh in custody. The complainant and Bhag Singh were produced before the Court and released on bail. The complainant got himself medically examined at General Hospital, Kaithal, on 19/9/2014 and thereafter, he approached the Superintendent of Police, Kaithal, and requested him to take action against accused persons but no action was taken. The complainant was illegally arrested in utter disregard of the directions given by the Hon'ble Supreme Court vide criminal Appeal No.1277 of 2014 titled 'Arnesh Kumar Vs. State of Haryana and another'. It was prayed that the accused persons were liable to be summoned for having committed the offences punishable, under Sec. 323/341/342/352/426/120-B/506 of Indian Penal Code and Sec. 3 of Scheduled Caste and Scheduled Tribes Act.

(3.) In support of his case, complainant examined eight witnesses, namely, CW-1/ Joginder, CW-2/Ram Kumar, CW-3/Karam Singh, CW-4/Pawan Kumar, CW-5/Dr. Satyapal, CW-6/Yudhvir Singh, CW-7/Bal Singh and CW-8/Bhag Singh.