CRM No. M-50371 of 2007 1 In the High Court of Punjab and Haryana at Chandigarh CRM No. M-50371 of 2007 Decided on:- 24.03.2009 Gurdev Singh .....Petitioner Versus Nand Singh .....Respondent Coram Hon'ble Mr. Justice K. C. Puri Present Mr. B. S. Bhalla , Advocate for the petitioner. Mr. P. S. Bajwa, A.A.G. Punjab. None for the respondent. K. C. Puri,J (Oral) Nand Singh, respondent filed a complaint under Sections 3,4 and 5 of the Scheduled Caste and Scheduled Tribes ( Prevention of Atrocities Act), 1989. It is alleged in the complaint that complainant relates to Majbhai caste. The complainant has worked with many Advocates as clerk. During this period, he came to know about Gurdev Singh. Accused suggested the complainant to take loan from the bank for dairy farming and the accused will help him in the same. The complainant purchased one plot of four marlas from Mohinder Singh son of Chanan Singh and started making shed for buffalo. He got opened account in the bank and submitted documents for the purpose of loan and Mohinder Singh stood as guarantor. The file of loan was complete. On 26.7.2006, at about 2/2:30 pm, the complainant and guarantor Mohinder Singh and Jasvir Singh came to the office and some of the clients of the bank were also present there. Complainant requested the accused to sanction the loan and said accused became angry and in the presence of Mohinder Singh and Jasvir Singh misbehaved with the complainant. Then accused told the complainant “ KUTIA CHUHERIA”, who are you to know about his caste and go away. Upon these assertions, a complaint was filed and accused were summoned under Sections 3,4 and 5 of the Scheduled Caste and Scheduled Tribes ( Prevention of Atrocities Act), 1989 vide order dated 10.9.2007. The petitioner has challenged this complaint as well as summoning order on the ground that no complaint under Sections 3,4 and 5 of the Scheduled Caste CRM No. M-50371 of 2007 2 and Scheduled Tribes ( Prevention of Atrocities Act), 1989 lies against him as he himself is a Scheduled Caste. The State was directed to verify whether Gurdev Singh is a Scheduled Caste. Affidavit of Harsharan Jit Singh, Tehsildar, Moga has been filed in which it is mentioned that Scheduled Caste certificate has been issued to Gurdev Singh son of Sardara Singh, resident of village Daudhar Sharki vide certificate No. 1018 of 26.2.2007. From the perusal of Section 3 of the Scheduled Caste and Scheduled Tribes ( Prevention of Atrocities Act), 1989, it is revealed that the offence under the Act can be attracted only against a person who is not a Scheduled Caste. Since, the petitioner is himself a Scheduled Caste, so ingredients of offence under Sections 3,4 and 5 of the Scheduled Caste and Scheduled Tribes ( Prevention of Atrocities Act), 1989 are not made out. Otherwise also,learned counsel for the petitioner has submitted that it is only to pressurize to grant the loan, the complaint has been filed. So, in these circumstances, the complaint dated 12.8.2006 ( Annexure P2 ) as well as the summoning order dated 10.9.2007 ( Annexure P3) stands quashed. Further proceedings in pursuant to that complaint and summoning order also stands quashed. March 24, 2009 ( K. C. Puri ) mamta Judge