R.P.NAGRATH, J. - (1.) PETITIONER has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing criminal complaint dated 02.02.2009 (Annexure P -2) and the summoning order dated 09.05.2012 (Annexure P -3), passed by the Judicial Magistrate Ist Class, Barnala.
(2.) THE complaint (Annexure P -2) was filed under Sections 3 (1)(x) and (xv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short to be referred as 'the Act'). The respondent -complainant is Majhbi Sikh which is a scheduled caste whereas the petitioner is a Brahmin by caste. The petitioner was the Branch Manager of State Bank of India, Cheema Branch. The daughter of respondent -complainant was studying in 9th class to whom the Government awarded stipend for her studies. She was to open an account in the bank for receiving the amount of stipend. It was stated that on 19.01.2009, the respondent accompanied by his daughter Samandeep Kaur, Buta Singh and Daljit Singh, residents of his village went to the bank branch at about 10.30 a.m. for opening the account. The respondent went to the seat of petitioner after completing necessary documents and introduced himself as a Majhbi Sikh, which is a scheduled caste but the petitioner asked him to deposit Rs. 500/ - for opening the account. However, such an account could be opened with the initial deposit of Rs. 50/ - only. Moreover, the respondent was not having with him Rs. 500/ - at that time. The petitioner is sated to have become furious, lost his temper and had torn all the documents. The petitioner is stated to have remarked "tusin chure chappte chak ke muh khate khulwaon aa jande ho, jeb vich paise nahin hunde."
(3.) WHEN the respondent and witnesses asked the accused not to do so and stated that they would take legal action against him, the petitioner again remarked that "tusin chure mera ki vigaar sakde ho, niklo bahar dhedo, jo marji hai kar layo". The respondent and the witnesses accompanying him returned back feeling insulted by the petitioner.;