Crl. Misc. No. M-8242 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-8242 of 2008 Date of Decision: July 28, 2010 Jai Bhagwan and another …..Petitioners Vs. Som Dutt …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Arun Singal, Advocate for the petitioners. -.- M.M.S. BEDI, J. (ORAL) The petitioners seek quashing of the complaint annexure P-1 and the summoning order annexure P-3 filed by Som Dutt Thakur deceased alleging that on May 28, 2005, the petitioners had entered the house of the complainant and used derogatory words against the caste of the complainant. It is mentioned in the complaint that certain documents had been received by accused Nos.3 and 4 named in the complaint but those Crl. Misc. No. M-8242 of 2008 [2] documents had not been returned, claiming that the said documents were pertaining to the son of the complainant being Scheduled Caste. A perusal of the complaint indicates that there is absolutely no allegation in the compliant that the complainant belongs to Scheduled Caste or that this fact was known to the petitioners or that any abuse in the name of the caste was heard in presence of any other person. List of witnesses does not even mention the name of any person who was present at the time when he was abused. Prima facie summoning of the petitioners under Section 3 (i) (ii) and 2 (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short ‘the Act’) is without application of mind. The summoning order dated November 30, 2007 summoning the petitioners under Sections 3 and 2 of the Act is hereby set aside. The petitioners have also been summoned under Section 25 of the Arms Act also. The cognizance cannot be taken of the said offence by Court unless and until there is a statutory sanction. Summoning order under Section 25 of the Arms Act is also hereby quashed. So far as the remaining offences are concerned it will be open to the trial Court to see if the proceedings can continue in the absence of complainant in view of the legal provisions under Cr.P.C. Disposed of. July 28, 2010 (M.M.S.BEDI) sanjay JUDGE