- (1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of complaint (Annexure P-1) as well as summoning order (Annexure P-2) under Section 3 (iv), (v) and (viii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act') and Section 120-B of the Prevention of Corruption Act, 1988 and all the subsequent proceedings arising therefrom.
(2.) The contents of the complaint (Annexure P-1) read as under:- "The complainant informs this Hon'ble Court that Killa No. Criminal Misc. No.M-35542 of 2003 (O&M) 2 7//8, 12-13-14/1 measuring 26 Kanal 11 M. land of Vill. Kheri Meham the. Meham, Distt. Rohtak was allotted Shri Kitaba father of the complainant on 5.11.1976 out of surplus area for consideration of Rs. 864-41P and he deposited Rs. 864-15 on 4.4.1977 as the Ist instalment and he was given possession on 24.6.1979 and became full owner. Shri B.B. Kaushak, HCS and when posted as SCO Meham exercising the powers of prescribed authority passed an illegal and beyond jurisdiction order dt. 20.4.1995 at the back of the allottees entered into criminal conspiracy with Ajit Singh S/o Shri Giani Ram and Giani Ram sons for consideration. On the basis of the said order the accused persons entered into the land of his father Kitaba. His father Kitaba filed an appeal against order of Shri B.B. Kaushak, in the Court of Collector, Rohtak who quashed the order dt. 20.4.1995. Kitaba died on 18.12.97 on 7.7.1998 and they further filed revision to Commissioner who also dismissed on 22.5.2000. Now, the said accused persons have filed false malicious, vexacious suit against the complainant and others to harass and cause of atrocity, being scheduled castes. The accused persons are cultivating the land allotted to the complainant's father without authority of law legal action against the accused persons be taken in accordance with law."
(3.) Learned counsel for the petitioners has submitted that the petitioners were big land owners and were merely trying to get possession of the land which had been declared surplus. The petitioners were taking recourse of law and hence, the complaint in question was liable to be dismissed.;