98 0 1 CRMNOM40024 of2006 n IN THE HIGH COURT OF PUNJAB c0HARYANA CHANDIGARH CRMN M40024 of 20008M9 Date ll2011 RakeshKumar Verma 1 0 0 C0 Versus I C5 I Z Hari Ram eRespondent Coram Honble Mrs Justice Sabina 0 Present MrlCDSHooda Advocate for thepetitioner Mrlaman for the L0 Z W m Sabino J Petitionerhas flled this petitionunder Section 482 of the A7 Z 10 Codeof Civil Procedure1973 seeking of the dated 0m 1272004 Pl9 and order dated 962005 P2 Contentsofthe complaint Pll read as underl 1That the was appointed on 2581976 as MPA at Sonipatand thereafter was postedat Kaithal as secondfmerin the year 1990 Two yearsago was as Hesdfltter 2 That the accuseddueto thereason that the belongs KUMAR SURESH SHAM LAL 2012.06.30 15: 45 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 99 0 CRM NOM40024 of2006 1 n1 to scheduledcaste used o writein letter in higherauthorities 1 of some times Fitter and some as Assistant Fitter onlyto humiliatethe The copy of the saidletter isattachedherewith C0That on dated1452004 at about 12 noonwhen the fathern4aw of the namelyShri Beli m Raln was presentat the officeof the the 0 ccused came there and insultedthe and 0 C onlystatedl Sale Ded Kahan Ja RahaHai Pata Nahin Kahan Sai 45 1W Bhti Kar DiyaIsheMill Main 95 Z These words uttered by the accused when the was goingto canteen towardsgatefortakingtea his father 0 invIaw In this nanner the accusedhumiliatedand insulted the I e I C n the of his relativesand other public Z personson a pubIicplaceNot onIythis theaccusedalso stopped ri0 marking the attendanceof the from the next dateof 2 thesaidincident Z ll 4 That in this way the was humiliatedinsulted in the presence of relation by callingthe bad to caste and also publiclyat ShahbadCShahbad Distt Kurukshetra within the jurisdiction ofthis Court andthis Court had to try this 5 That the gave a legalnotice to the accused butethetcused did not replythe same 6 That the also movedapplication to police KUMAR SURESH SHAM LAL 2012.06.30 15: 45 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 400 0 9 CRMN0M40024of2006 3 01 stationand other authoritiesbut no actionhas been taken Hencethis in thisHonble Court he complailled his evidencein supportofthe and vide order dated962005 the was orderedto be summonedto facethe trial as an accusedunder Section 3x1 of the ScheduledCaste and ScheduledTribes Preventionof Atrocity9 Act 19896forshon the 1 Act r Learnedcounselfor the hassubmittedthat no 0Hence 0 0 underSection 3x1 ofthe Act was madeout ln thepresentcase in fact 0 the remainedabsent from dutyand in orderto I the a false hadbeenlodgedagainst him Z Learnedcounsel for the has submittedthat aer the occurrence was not allowed to mark his presence r A perusal ofthe complaint revealsthatthealleged occurrence had takenplaceon 1432004 The was insulted bythe accusedin Z the presenceofhis father4nlaw and other publicpersons while he W21S r goingto the canteen It has lso beenallegedin the that the 3 accused had stopped markingthe attendanceof the The Z hadmovedan to the Police and higherauthorities but no action had been taken on the same and hence he had flled the complaintAt ths stage it would not bejustand to quashthe complaintThe has ledevidencein supportofhis case and has in the witness box as CW1 and has examinedhis father4naw as CW2 Prinla fa2ie there was nOughmterial av8ilableon record to summon thepetitioner to face the trail as an accused The pleatakenbythe petitioner that the was absentand had falselyinvolvedhim ln 6b 1 KUMAR SURESH SHAM LAL 2012.06.30 15: 45 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 401 0 CRM NOM40024 of2006 4 4 this case cannot be commentedupon at thisstagewithout any evidence on record Moreover the has t8ken the pIeathat after the occurrence h was beingmarkedabsent he was presenton duty The petitioner would be at libertyto takeup all thepleasavailable to him during trial in his defence No gr6undfor interferenceis madeout D8missed Sabii Judge 0 August 11 2011 0 arya l 112 C5 7J I 4 Il Z 5 2 1 4 L2 Z 81 Cr Cll W3 Z CL KUMAR SURESH SHAM LAL 2012.06.30 15: 45 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document