C1 93 1 4 CriminalMlsc NoVla43971of 2005 OSMl 1 4r In the HigllCourt of Punjaband Haryanaat Chandi9arh CriminalMisc Novlw43971of 2005 OSMI Date of decisior 30 8e1 oll 1 RajSinghand others e Petitioners Versus 1 Stateof Haryana and another r e 0 0 CORAM HONBLE MRS JUSTICE SABINA I C5 Presen Mrikram SinghAdvocate I for the Z MrAmandeepSinghAAG Haryana r2 IvlDahiyaAdvocate r for resondent No2 I 54AIkk Z SABINA J lD 4 This petitionhas been flled under Section 482 of the 7 Z Code of Criminal Procedure 1973 for quashingof complaint Qm Annexure Pw11 as well as summoningorder dated 11 2005 Annexure P21 under Section 3 ivl and vl of the Scheduled Castes and Scheduled Tribes 3reventionof Atrocitiesl Act 1989 short the ActI and all the arisingtherefrom The contenls of the complaint nnexure Pe11 read as undeo The complainant IS Son of Shri JaganSlo Shri Chhotu Dhanak SC is resident of villageKheri Meham PS V Rani Anita 2012.06.22 14: 33 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 94 CrlminaiMisclloM43971 of 2005 OSMl 2 Meham Distt Rohtak Killa Nos 8118124 920 1111 measuring 26 kanal 17 MarIas surplusarea was allotted to his father Shri Jaganexpiredon 1692003 His father depositedthe prizeof the whoie Iand and he became owneron jamabandifor the year 19901 Shri RajSingh Azad SinghWazir Singhand AjitSinghSlo Shri IateSh Gianl Ram of villageKheri Meham cultivatedthe kiila No 1 l 8118121920 cultivated kilia NoI 111211 measuring9 0 kanal 18 Marlas the allotted Iandand illegallyand forcibly C0 I duringKharif 2002 and rabi 2003 Shri Azad Singhand t5 others filed flase and frivolous petitionin the court of I Ct financial CommissionerHaryanaChandigarhin Punjab Z and HaryanaHighCourt at Chandigarh to ca use Atrocity 2 beingScheduled Caste Legalaction be taken againstthe accused persons ll Z Learned counsel for the petitioners has submittedthat the 14 OO were big Iand owners and were merelytryingto get a possession of the Iand which had been declared surplus The Z petitioners were takingrecourse of Iaw and hence the complaintin 0m question was Iiableto be dismissed Learned counsel for the on the other hand has submittedthat all the accused were guiltyof offence under Sections 3 l vl and vl of the Act as they had taken of the Iand belongingto the who was member of the Scheduled Caste and had filed frivolous cases againsthim After hearingIearnedcounsel for the patties am ofthe Rani Anita 2012.06.22 14: 33 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 95 C CriminalMisc NoM43971 of 2005 08M1 3 1 4e opinion that the presentpetition deserves to be allowed Sections3 11Il ancl of the Actread asundeo ll Whoever not beinga men7berof ScheduledCaste or a Scheduled Tribe 01 forces a member of a Scheduied Caste or a ScheduledTribe to drink or eat any inedible or obnoxioussubstance m L ivl occupiesor cultivatesany Iand owned by 0 or allotted to or notifiedby any competentauthority to be Ca I allotted to a member of a Scheduled Caste or a t Scheduled Tnbe or gets the Iand allotted to him C transferred Z v wrongfullydispossesses a member of a Scheduled Caste or a Scheduled Tribe from his Iand or premisesor C interfereswit17the of his rightsover any Iand t3 Z premisesor waterl A perusalof the complaint does not Ieadto the inference 01 that any oHence underthe Actis made out As per the complaint vmo Z the possessionof the Iand was taken bythe petitionersforcefully in tl the year 2002 a nd a petitionwas filed in the Court of Financial Commissioner Haryana The complaintIll question was however institutedOll 1452005 In case the complainanthad been dispossessed from the suit propertythe complainantcould have taken recourse to civil remedyby filinga civil suitrhe case of t0hecomplainantis that the Iand which was declared surplushad been allotted to his father The Iand In questionbelongedto the petitioners and it was declared surplus the petitio ners 1 Rani Anita 2012.06.22 14: 33 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 96 CriminalMisc No43971 of 2005 O8Ml 4 1 are rnerelytryingto save their Iandfrom beingdeclared surplusand the recourse taken by them byfilinga petitionbefore the Financial Commissioner cannot be said to have harassed the merelybecause he is the member of scheduled caste In the facts and circumstances of the presentcase continuation of the criminai againstthe would be nothingbut an abuse of processof Iaw 1 Accordinglythe present petitionis allowed Complaint 0 nnexure P1 1 as well as summoningorder dated 11 2005 0 Annexure under Section 3 1 vl and of the Act and all the C5 subsequent arisingtherefrom are quashed er Z 1 1 9 Q JUDGE 2011 Z anlta 1 J 03V 7 Z C4 5 W tl 4 eJll 451e ll i5l Rani Anita 2012.06.22 14: 33 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document