SHIVAM SOOD Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for quashing of order dtd. 26/7/2025, passed by learned Special Judge-I, Shimla vide which the application filed under Sec. 250(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) filed by the petitioner (accused before the learned Trial Court) was dismissed and the charges were ordered to be framed for the commission of offences punishable under Ss. 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC & ST Act). (Parties shall hereinafter be referred to in the same manner as they are arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present petition are that the police filed a charge sheet before the learned Trial Court against the accused for the commission of offences punishable under Ss. 354, 506 and 509 of the Indian Penal Code (IPC) and Sec. 3(1) of the SC & ST Act. It was asserted that the victim (name being withheld to protect her identity) made a complaint to the police, asserting that she was serving in an institution being run by accused Dina Nath. He demanded a blank signed cheque from the victim, but she refused. He terminated her services. He started saying amongst the people that the victim belonged to a lower caste and did not possess good character. He created a fake Facebook profile and uploaded the indecent photographs of the victim on Facebook. He also showed these photographs to the people and defamed the victim. The victim opened an institute. She came in contact with Harish Rana (Nitu) and Anil Sood. They helped her initially. Anil Sood told the victim to reside with him as his wife and he would keep her like a queen; otherwise, he would defame her. The victim protested. Anil Sood distributed the signed cheques issued by the victim to the people. He also obtained the signatures of the victim on an undertaking. Family members of Anil Sood and Harish Rana abused the victim in the name of her caste. Manoj, Piyush Rana and Ashok Sharma helped them. Anuj Shrivastva and his wife also abused the victim in the name of her caste. Sohan Lal, Dinesh Chandel, Vinod Kumar, Manish Shrivastva, Anita, Neri (Narinder Kumar), Rohit Chauhan, Kapil Chauhan and Renu also participated in the conspiracy. Anil Sood, Dina Nath Sharma and Harish Rana persuaded Ashok Kukreja, the landowner of the victim, to throw her out of the house. Ashok and Renu abused the victim in the name of her caste. The police registered the FIR and investigated the matter. Witness Bhupinder made a statement during the investigation that Shivam Sood (petitioner), Anuj Shrivastva, Seema Shrivastva and Anita had abused the victim by saying 'Tum Koli Yahan Par Coaching Centre Chala Rahe Ho' [You Koli (name of the caste) were running a Coaching Centre]. The police filed a charge sheet against the petitioner and other co-accused.

(3.) Learned Trial Court found sufficient reasons to summon the accused. When the accused appeared, he filed an application seeking his discharge, asserting that the act done by the petitioner did not form part of the same transaction and a joint trial could not have been conducted. The essential ingredients of the commission of an offence punishable under Sec. 3 of the SC & ST Act were not satisfied. The allegations were made with a mala fide intention to blackmail the petitioner and his parents. The victim wanted to avoid her financial liability. Hence, it was prayed that the accused be discharged.