JAI DEV SHASTRI Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCUSED Jai Dev Shastri has filed the instant revision petition assailing order dated 17.9.2008 (Annexure P/1) passed by learned Additional Sessions Judge, Rewari, holding that case under section 3(1) (xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the Act) is made out against the accused- petitioner.

(2.) LAXMI Devi lodged FIR, Annexure P/3, alleging that she is employed as Safai Karamchari in Government School where the accused-petitioner is employed as Teacher. On the day of occurrence i.e. on 23.7.2003 at about 7.00 AM, she was sweeping a room in the school. The petitioner was already sitting in that room. The petitioner abusing the complainant remarked as to why the complainant was sweeping the room while he was sitting there. The petitioner asked the complainant to go away and pushed her 2/3 times. The petitioner also snatched the broom from the complainant and took out its stick and started beating the complainant. Her noise attracted Ramesh, Pawan Kumari and Neelam who witnessed the occurrence. FIR was registered under sections 323 and 354 IPC. However, challan was presented under sections 323, 506 IPC.

(3.) PART evidence of the prosecution was recorded and thereafter application under section 323 of the Code of Criminal Code (for short, Cr.P.C.) was moved for committing the case to Special Court for trial of the case for offence under section 3(1)(x) and 3(1)(xi) of the Act. Learned Special Judicial Magistrate, Rewari vide order dated 3.9.2004, Annexure P/2, dismissed the said application. Complainant Laxmi Devi preferred revision petition against said order. Learned Additional Sessions Judge, Rewari vide impugned judgment dated 7.9.2008, Annexure P/1, allowed the revision petition holding that prima facie case under section 3(1)(xi) of the Act is made out. Feeling aggrieved, the accused has preferred the instant petition.