M I OHRI Vs. KANTI DEVI

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure praying for quashing of complaint (Annexure P1), summoning order dated 12.09.2006 (Annexure P3) (passed by learned Additional Sessions Judge, Jalandhar vide which the revision petition preferred by the respondent against the order of the Trial Court dismissing her complaint was accepted) and consequent order dated 16.09.2006 (Annexure P4) (passed by JMIC Jalandhar pursuant to order dated 12.09.2006).

(2.) Petitioner No.1 is a retired Principal of a college namely, Mehar Chand Polytechnic College, Jalandhar City whereas petitioner No. 2 aged 64 years and petitioner No.3 are retired employees from the same college. All of them are subjected to the allegations in a complaint which has been preferred by the complainant-respondent under the provisions of Section 3( 1 )(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act').

(3.) The learned Trial Court before whom the complaint was filed concluded that no offence under the provisions of Section 3(1 )(x) of the Act has been shown to have been committed by the petitioners herein for the simple reason that the complainant has not produced certificate showing that she was belonging to Scheduled Caste.