HIRA MANI Vs. THAKUR DAS SHARMA

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dated 18.9.2012, passed by learned Chief Judicial Magistrate, Shimla, District Shimla, H.P., in complaint No. 167/3 of 2010, whereby complaint under Section 3(viii) and (ix) of the Scheduled Castes and Scheduled tribes (Prevention of Atrocities) Act, 1989 (for short 'Act'), having been filed by the petitioner Hira Mani (hereinafter referred to as the complainant) came to be dismissed, complainant has approached this Court in the instant Revision Petition filed under Section 397 read with section 401 of Cr.P.C, praying therein to convict the respondent/accused after setting aside the aforesaid order of dismissal passed by learned Chief Judicial Magistrate, Shimla, H.P.

(2.) Having heard learned counsel representing the parties and perused the material available on record vis-a-vis reasoning assigned by the court below while dismissing the complaint filed by the complainant under Section 3(viii) and (ix) of the Act, this Court finds no illegality and infirmity in the impugned order and as such, no interference is called for.

(3.) Record reveals that the complainant filed a complaint against the respondent/accused, alleging therein that the respondent /accused made a false complaint against him to the Hon'ble Chief Minister of Himachal Pradesh, on the basis of which, department ordered his as well as his wife transfer from District Shimla to Tissa, District Chamba, H.P. Complainant alleged that accused, who is 'Brahmin' by caste is inimical towards him and in past also had been committing atrocities against him. He alleged that on 8.5.2007, accused committed caste based atrocities against him at his native village and in this regard, matter was reported to police Station, Karsog, District Mandi, H.P. On the basis of aforesaid complaint, formal FIR was instituted against the accused under section 3(x) of the Act. Though, police after completion of the investigation filed the challan in the competent court of law, but before proceedings could be taken to its logical end, parties entered into compromise, wherein allegedly accused admitted his guilt. Orders passed by the Hon'ble Chief Minister transferring the petitioner and his wife from Shimla to Tissa was laid challenge before the erstwhile Tribunal and same were stayed. However, after passing of stay orders by Tribunal below allegedly accused again made complaint to Hon'ble Chief Minister Himachal Pradesh during his visit to Karsog on 14.8.2010, requesting therein to transfer the complainant as well as his wife to Chamba or Una. As per the complainant, Hon'ble Chief Minister taking cognizance of the false complaint filed by the accused, ordered his as well as his wife transfer to District Kangra.