SUSHIL KUMAR SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner is an accused, in a case registered against him vide FIR No. 189/19, under Section 3(i)(r)(s) and Section 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989 and Sections 323 & 506 IPC on 28.8.2019, in Police Station Barmana, District Bilaspur, H.P.

(2.) The present is a case of registration of cross FIRs as at the instance of accused-petitioner FIR No. 188/19 came to be registered on 28.08.2019 itself against Naresh Kumar, the complainant herein under Section 341, 353, 323, read with Section 34 IPC in the same Police Station.

(3.) The investigation of this case was entrusted to Shri Sanjay Sharma, Dy. S.P. (Headquarter) Bilaspur. He has conducted the investigation, interrogated the accused-petitioner also on 11.09.2019 and associated other persons allegedly present on the spot. Perhaps being not aware of the provisions contained under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act 1989 and finding that the FIR lodged at the instance of Sanjeev Kumar supported by his supplementary statement and the statement of the victim of the occurrence Naresh Kumar alone are not sufficient to make out a case under the provisions of the Act, the I.O. was of the view that the commission of such an offence should be deleted from the record.