JYOTI ARORA Vs. STATE OF HARYANA

JUDGEMENT

(1.) ORDER :- Mrs. Jyoti Arora, former Registrar of Kurukshetra University, Kurukshetra (hereafter to be called as the accused) is seeking the indulgence of this Court within the provisions of Section 482 of the Code of Criminal Procedure for quashing of a criminal complaint Annexure P-1 filed by respondent No. 2 Ex-Subedar Nar Singh (hereinafter to be called as the complainant) against the accused pending disposal in the Court of Shri B.P. Jindal, learned Special Judge, Kurukshetra, who has taken cognizance against the accused for trial within Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be called as the Act).

(2.) Mr. Anupam Gupta, learned counsel for the accused argued that complainant has remained deliberately silent to narrate the date in his complaint when atrocious words were used by the accused against the complainant saying that

(3.) Rightly so, for his insubordination and dereliction of duty on that date the complainant was placed under suspension and on enquiry punished as well. However, such a date finds mention in the summoning order when allegedly such words were used by the accused against the complainant who went to report the matter to the accused that 50 per cent of the students of LL. B. Final Year had walked out of the examination hall as most of the questions in the question paper were out of the prescribed syllabus. In return the Registrar scolded him and used the said words. It is quite strange that atrocity and harassment was caused to the complainant by the accused on 9-6-1995 but he remained silent about it for 8 months till about the incident an enquiry had taken place against him and he was penalised with stoppage of two increments with cumulative effect and was also ordered not to be paid anything more than subsistence allowance for the period he remained under suspension.