SIBU Vs. MOHINDER SINGH

JUDGEMENT

(1.) THE respondent filed a complaint under Section 3(v), V, Section 10 of the SC/ST (Prevention of Atrocities) Act, 1989 read with Section 148/149 IPC against the petitioners. After perusing the statements and other material placed on record, the Special judge, Hoshiarpur vide order dated 5.7.1997 summoned Kewal Singh and others but petitioners were not summoned. The operative part vide which the petitioners were not summoned reads as under :-

(2.) THE respondent challenged the order in Criminal Misc. No. 25206-M of 1997. This Court vide order dated 5.8.1998 allowed the petition and remanded the case back to the trial Court for re-appraisal of the evidence. On remand, the learned Special Judge summoned the petitioners, aggrieved by which the present petition has been preferred under Section 482 Cr.P.C. for quashing the complaint Annexure P-1 and the subsequent proceedings.

(3.) ON the other hand, Shri K.S. Dadwal submitted that the petitioners have not filed the petition for quashing the summoning order but has come to this Court for quashing the complaint. He submitted that the respondent earlier filed a petition in this Court. The petition was allowed and trial Court was directed to reconsider the material before it afresh by correctly considering the factual position. It was also directed that the Addl. Sessions Judge should take into consideration the fact that there was a delay in lodging the complaint and no FIR has been lodged to the police. Mr. Dadwal further submitted that the learned trail Court has not considered the evidence on record in right perspective nor it has complied with the directions given by this Court.