SHANTI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Learned counsel for the petitioner states that the impugned order dated 27.10.2003 (Annexure P2) and order dated 21.2.2005 (Annexure P4) be set aside. He has further argued that the petitioner belonged to the S.C/S.T. Community, which the petitioner has clearly stated in her complaint before the trial Court. He has further argued that a certificate to this effect has been attached with this petition as Annexure P3.

(2.) I have heard the learned counsel for the parties and perused the petition with their assistance. Trial Court vide its order dated 27.10.2003 (Annexure P2) has categorically stated that no evidence was produced by the petitioner in her complaint, to show that she was a member of the scheduled caste or scheduled tribe. This was the reason that the trial Court observed in the impugned order, that it did not find appropriate to summon respondents No.2 and 3 under Section 3 of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989. Against this order, the petitioner filed a revision before the Additional Sessions Judge, Panipat. The Additional Sessions Judge, Panipat vide his order dated 21.2.2005 (Annexure P4) dismissed the petition of the complainant-petitioner on merits and also that the revision petition was time barred.

(3.) Learned counsel for the petitioner has placed on record a certificate issued by the District Red Cross Society dated 18.3.2004 to this effect that complainant belongs to Chamar community which has been declared as Scheduled Caste Block 'B' by the Haryana Government. This certificate does not have any relevance as it is post dated and also that it has not been issued by any government authority. I do not find any infirmity in the orders of the Trial Court and of the revisional Court. Dismissed.