SANDEEP KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner Sandeep Kumar has filed the present petition, under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS'), against the judgment and dtd. 25/11/2024, passed by the Court of learned Special Judge, Hamirpur (hereinafter referred to as the learned 'trial Court') in Sessions Trial No.22 of 2024, on the ground that on 27.0/1/2024, FIR No.18/2024, dtd. 27/1/2024, under Sec. 3(1)r & 3(1) (s) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (hereinafter referred to as the SC & ST Act) read with Ss. 323, 506 and 34 of the Indian Penal Code (hereinafter referred to ast the IPC), was registered with Police Station Sadar, Hamirpur against Anju Bala and her daughter Ashima, on the complaint of one Sunil Kumar, who, at the relevant time, was President of Gram Panchayat.

(2.) According to the petitioner, complainant Sunil Kumar moved a written complaint, which is Ext.P1/PW1, before Police Station, Nadaun, alleging therein that there was a 'Mundan Ceremony' in his house. On that day, when he was washing utensils near Shani Dev Temple, accused Anju Bala and her daughter Ashima, came there on the Scooty and started fighting and arguing with him. They had uttered the words 'Jullaha Pradhan' and other caste based aspersions.

(3.) During investigation, provisions of Ss. 323, 506, and Sec. 34 IPC were omitted and charge sheet was prepared and submitted before the learned APP Nadaun for scrutiny. After conducting scrutiny, the charge sheet was returned to the I.O., by pointing out certain shortcomings.