Crl.M.No.M-7619 of 2009 -1 - IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl.M.No.M-7619 of 2009 (O&M) Date of Decision: 16.7.2009 Takdir Singh ..Petitioner. Vs. Bachna Ram ..Respondent. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.R.N.Lohan, Advocate for the petitioner. RAKESH KUMAR JAIN, J. ( Oral) As per office report, notice issued to the respondent has been served through his wife. No one has put in appearance on behalf of the respondent. Counsel for the petitioner, inter alia, contends that in para 3 of the complaint Annexure P-1, the complainant (respondent) has himself stated that he belongs to Caste 'Shergir'. Counsel for the petitioner has placed on record Schemes and Instructions of Welfare of Scheduled Castes and Backward Classes in which Caste `Shergir' finds mentioned at item No.52 in Block A of the list of Backward Classes in the State of Haryana. He further contends that as the respondent is a Backward Class and not Scheduled Caste, therefore, provisions of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 are not applicable and as such, the complaint filed under the provisions of the aforesaid Act is misconceived. He further submits that petitioner has also been summoned under Sections 452/506 IPC but no offence is made out. Learned counsel for Crl.M.No.M-7619 of 2009 -2 - the petitioner further submits that pursuant to the order dated 21.3.2009, the petitioner has surrendered before the trial Court and has been released on bail. In view of the above, order dated 21.3.2009 is made absolute. The petition is disposed of. (Rakesh Kumar Jain) 16.7.2009 Judge Meenu