PROMILA SHARMA Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) In this petition, the petitioner seeks anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Complaint Case No. 26 of 2017, dated 29.03.2014, pending in the Court of Ld. Judicial Magistrate Ist Class, Hoshiarpur, under Sections 3 and 4 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act').

(2.) Her case in the application is that she has been motivatedly framed out of pure vengeance by the complainant, who bore a personal grudge against her, in view of the complaint she had made against the complainant way back in 2011.

(3.) The background of the matter is that both the complainant and the present petitioner, at one time were working as teachers in the same school. The petitioner had made a complaint alleging that the present complainant's Degree was fake, on account of which she was not entitled to be appointed, nor retained in her Post. It is her further case that after she had made the complaint, the present complainant allegedly threatened her with serious consequences, including her implication in false cases under the Act. The petitioner, therefore, brought the fact of such threats to the notice of the Senior Superintendent of Police, Hoshiarpur, vide her Letter No. 3286-PD/12.09.2011 (Annexure P-2). It is her case that consequently the present complainant, out of vengeance, firstly approached the Police Authorities just two days later vide Complaint No. 3335-PD, dated 14.09.2011, against the present petitioner, in which the allegations constituting the offences under Sections 3 and 4 of the Act were imputed to the petitioner. But the Police, after enquiry found no truth in the aforesaid complaint and accordingly submitted its Report to that effect on 27.10.2011 (Annexuer P-4).