- (1.) Challenge in this petition is to DDR No.33 dated 28.5.2010 (Annexure P-2) and supplementary challan (Annexure P-3) presented under Section 173(8), Code of Criminal Procedure, whereby offence under Section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act') has been added later on in FIR No.109 dated 10.4.2009 under Sections 363, 366-A, 120-B, 34, Indian Penal Code, Police Station, City Abohar (Annexure P-1).
(2.) The petitioners are accused in the aforesaid FIR No.109 dated 10.4.2009. Complainant-Mangat Singh made an application before the Punjab State Scheduled Caste Commission, Chandigarh, whereupon the Commission vide letter dated 28.7.2009 gave directions to the Director General of Police, Punjab, to add offence under Section 3(2)(5) of the Act against the petitioners in the aforesaid FIR. In compliance of order dated 28.7.2009, supplementary challan (Annexure P-3) was presented.
(3.) Counsel for the petitioners has argued that both the complainant and the petitioners belong to 'Rai Sikh' community, which has been declared as Scheduled Caste community in the State of Punjab, as such, no action under the Act can be initiated against the petitioners. In support of his contention, counsel for the petitioners has referred to the certificates (Annexures P-4 to P-8). As per certificate dated 5.12.2007 (Annexure P-4), issued by Tehsildar, Abohar, and certificate (Annexure P-5), issued by Sarpanch and Panch, Gram Panchayat, Dhani Karaka Singh, Gurmeet Singh (petitioner No.1) belongs to 'Rai Sikh' community. Similarly, as per certificate dated 10.11.2007 (Annexure P-6), certificate dated 6.11.2007 (Annexure P-7) and certificate dated 28.11.2007 (Annexure P-8), all three issued by Tehsildar, Abohar, Gurmail Singh (petitioner No.3), Amrik Singh (petitioner No.4) and Shinderpal Singh (petitioner No.5) also belong to 'Rai Sikh' community.;