R.P.JASWAL Vs. GURBAX SINGH

JUDGEMENT

(1.) The petitioner in Criminal Revision No. 115 of 2000 is the complainant and he has assailed part of the order dated 6.9.1999 passed by Sessions Judge (exercising the powers of Special Judge under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter called the Act), Kangra at Dharamsala. whereby the Special . Judge has refused to issue notice to the all respondents -accused in the complainant 1 filed by him under Section 3 of the Act and under Section 323 I.P.C. except I respondent - accused No.l. On the other hand, the petitioner in Criminal RevisionNo. 107 of 1999 is one of the accused, who has assailed part of the same order dated 6.9.1999 whereby he has been summoned in the said complainant under Section 3 of the Act and Section 323 I.P.C.

(2.) Te impugned order in both the petitions is as under: "6.9.99. Present: complainant in person. On appraisal of evidence, it is clear that prima facie case only i made out against R.P. Jaswal -respondent No.l under Section 3 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act 1989, as well as under Section 323 1PC. No case is made out against other accused persons and as such respondent No. 1 be only summoned on filing of list of witnesses, PF and copies of complainant, if not already filed, within four days for 15.11.1999."

(3.) The brief facts of the case are that on 8.4.19 9 the complainant filed a private complainant under Section 3 (1 )(viii)(ix)&(x) of the Act against the accused persons that on 26.9.1998 at 7.30 PM he was going towards Votwali Bazar and met accused R.P. Jaswal, the then Sub Inspector in Police Station, Dharamsala, who without any rhyme or reason started calling him Mochi and Chamar in the presence of general public and also man handled him. In meantime, mobile police van had also reached on the spot carrying police officials consisting of other accused, who at the instance of accused R.P. Jaswal started beating the complainant mercilessly with shoes and Dandas and complainant "Mochi Chamar Ko Jooton Se Maro". They continued beating the complainant for about 15 minutes as a result of which he sustained injujries on his person and became unconscious. When he regained consciousness, he found himself in the hospital. From the hospital the complainant was taken to police station and released only after about 300 persons from the locality protested against his wrong detention and beating. It is also stated in the complainant that in order to shroud their high handedness and illegal acts the accused R.P. Jaswal got registered a false case FIR No.229 of 1998 under Sections 353 and 510 I.P.C. against the complainant. According to the complainant, the present incident was the result of the previous druge which the police was nursing against the employees of State Bank of India, Dharamsala and he was one of them. On an earlier occasion which had taken place about 4 -5 ago, months there was exchange of hot words between the police officials and the complainant who was a pillion rider on the scooter at the relevant time.