KEWAL KRISHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner, on being arraigned as accused for commission of offences punishable under Section 3 (1)(r)(s) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 504, 506, 34 of the Indian Penal Code, 1860 (IPC), in FIR No.161 of 2020 dated 22.9.2020, registered in Police Station, Indora, District Kangra, HP, has come up under Section 439 of the Code of Criminal Procedure, 1973, seeking permission to surrender before this Court, and simultaneously seeking release on ad-interim bail.

(2.) The accused/petitioner is present in Court and has offered to surrender, which is accepted, and thus, is in deemed custody of the Court.

(3.) Briefly the facts of the case are that on 22.9.2020, complainant who is the wife of President of Jan Kalyan Jagriti Manch Mahila Mandal, Kaptyal, District Kangra, filed a written complaint in the Police Station. The allegations leveled in the complaint are that the community members who belonged to the so called 'upper caste', forcibly led to their house and addressed them by using the prohibited words representing their caste. It further stated that after demarcation, on the instructions of Tehsildar when the escalator machine was put to level the road, then the accused persons started to take possession of the same and addressed the complainant by using the words representing the caste. Based on the written complaint, police registered the aforesaid FIR.