JOGENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have invoked the inherent jurisdiction of this Court to quash the summoning order dated November 24, 2006 (annexure P-2) summoning the petitioners under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act), alongwith Sections 323 and 506 IPC passed by the Sub Divisional Judicial Magistrate, Meham.

(2.) AS per the petition, respondent No. 2 had been arrested on the night of November 1, 2004 by Police party as he was indulging in gambling in a public street. The FIR No. 284 dated November 1, 2004 police Station Meham was registered against respondent No. 2. He was released on bail. Copy of the FIR has been placed on record as annexure P-3. Respondent No. 2 had instituted a complaint annexure P-1 on November 8, 2004 alleging that on the night intervening 1st and 2nd November 2004 at about 10.30/11.30 p.m., the petitioners visited the house of the complaint and assaulted him besides demanding money from him on the occasion of Diwali. He was abused in the name of his caste calling him "Kameena Khatik" and "Khatik Dhaid" Respondent No. 2 examined himself as CW1, Virender CW2. Pawan-CW3 the eye-witnesses and PW4 Dr. Ravinder Ahlawat, to substantiate the allegations in the complaint. On the basis of preliminary evidence, the Sub Divisional Judicial Magistrate, Meham, vide order dated November 24, 2006 summoned the petitioners under Sections 323, 506 IPC and under Section 3 (1) (x) of the Act.

(3.) FOR attracting punishment under Section 3 (1) (x) of the Act, the following necessary ingredients should be alleged and established :- i) that the accused is not a member of Scheduled a Caste or Scheduled tribe; complainant is member of Scheduled Caste/tribe; ii) accused had intentionally insulted or intimidated a member of scheduled tribe; iii) the accused had an intention to humiliate a member of scheduled caste or scheduled tribe and iv) the act of intentionally insult or intimidation should be in a place within public view.