KANHU RAM Vs. DURGA RAM
LAWS(HPH)-1979-11-2
HIGH COURT OF HIMACHAL PRADESH
Decided on November 16,1979

KANHU RAM Appellant
VERSUS
DURGA RAM Respondents

JUDGEMENT

- (1.) THIS petition is filed by the above referred petitioners against the order passed by the Chief Judicial Magistrate, Bilaspur, overruling the petitioner's objections to the issue of process on the ground that the respondent, who is a private complainant, had no locus standi to initiate criminal proceedings for the offence contemplated by Section 7 of the Untouchability (Offences) Act, 1955 which is re-named as Protection of Civil Rights Act, 1976.
(2.) THE facts of the case are that on 14th March, 1978, there was quarrel between one Rarnka and the present petitioner No. 14 Babu Ram. As a result of this quarrel, Ramka was sought to be prosecuted, and in those proceedings, the present respondent stood surety for Ramka. Ramka is admittedly a Harijan, a member of the scheduled caste, and hence, is considered to be an untouchable by some high caste persons.
(3.) THE allegation of the respondent-complainant, who is himself a Rajput by caste, says that on 26-3-1978 the present petitioners who are also Rajputs assembled in the house of petitioner No. 3 Vijay ram and resolved to ex-communicate him as he became the surety of an untouchable person. They are also said to have resolved to call the respondent-complainant a Harijan.;


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