SHASHI PAL & ANR Vs. JUDGE SINGH

JUDGEMENT

(1.) By virtue of instant petition preferred under Section 438 Cr.P.C petitioners have sought pre-arrest bail in a complaint case bearing No. 39 dated 10.04.2013 (Annexure P-1) filed under Section 3(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989) (for short 'Act') read with Sections 323 and 506 IPC wherein, they have summoned to face trial vide order summoning order dated 16.02.2016.

(2.) The contention of learned counsel for the petitioners is that allegations levelled in the complaint are false and baseless. Otherwise also no offence either under Section 3(x) of the Act or under Sections 323 and 506 IPC is made out. Petitioner No.1 is a government employee working in PSPCL whereas petitioner No.2 who is the wife of petitioner No.1 is also working as Lecturer in Government School, Verka, Amritsar. The complainant was never engaged or employed by either of them for removing malba or chowkidari. But at the instance of Sanjeev Sharma @ Sandeep Sharma who is nursing grudge against the petitioners, a complaint has been lodged by concocting a false story.

(3.) In fact, the building of the Hotel Ishita Residency is being constructed by Shivani Sharma wife of Sanjeev Sharma @ Sandeep Sharma in violation of the various Rules and Regulations of the Municipal Corporation and in this regard a representation (Annexure P-2) was also made by the residents of the area including Gurcharan Singh, to the Commissioner, Municipal Corporation, Amritsar. The said Sanjeev Sharma @ Sandeep Sharma felt that an obstruction is being created by the petitioners, who by bringing forward a complainant got lodge a false complaint. Moreover, petitioners are ready to join the proceedings and abide by all the terms and conditions imposed by this Court in case they are granted the concession of pre-arrest bail.