- (1.) BY this common order CRM -M -10698 of 2011 (hereinafter described as 'first petition') and CRM -M -21168 of 2011 (for short 'second petition') are being disposed of as prayer in both the petitions is for quashing of complaint dated 17.09.2007 (Annexure P -8) and the summoning order dated 15.07.2010 (Annexure P -10). The petitioner in the first petition was posted as Medical Superintendent, General Hospital, Gurgaon -cum -Coordinator Urban, Gurgaon for Polio Programme and in second petition, the petitioner was posted as Civil Surgeon of the said hospital.
(2.) THE complaint pertains to an incident dated 09.09.2007. The facts are extracted from first petition: - The respondent -complainant was posted as Public Health Nursing Tutor in MPHW Training School, Sector 31, Gurgaon and assigned the duty of supervisor for the Polio Programme on 09.09.2007 for the Sanjay Gram area, Gurgaon. The respondent started the job of giving pulse polio drops in the morning at 07.00 a.m. The respondent attended about eight houses for the purpose whereafter vaccine went out of stock. For bringing more medicine, the respondent reached Civil Hospital, Gurgaon in the Government vehicle. Driver of the vehicle complained of severe pain in his jaw tooth. Since the driver had not taken meals, the respondent advised him to take medicine after having some food. The driver told respondent that he would be returning to the Civil Hospital within ten minutes. The respondent then went to PPC and started taking a bite of chapati. In the meanwhile, petitioner came there and told her to stop eating food and insulted the respondent. Respondent told the petitioner about the driver's problem and assured to go back to the site after collecting required stock of vaccines. On hearing these words, the petitioner shouted, insulted and misbehaved with respondent and threatened her with dire consequences by remarking 'Randi Kutiya'. Several persons including one Anil Mehta and Asha were also present in the Civil Hospital and they tried to intervene in the matter. The petitioner directed respondent to come to the office of Civil Surgeon -the petitioner in second petition. When the respondent entered the office of Civil Surgeon, both the petitioners started insulting, abusing and humiliating her by calling 'Haramjadi' 'Chamari', knowing fully well that the respondent belongs to scheduled caste community. The Civil Surgeon called his peon and remarked 'Iss Chamari Ko Dhake Dekar Bahar Nikal Do', in the presence of aforesaid witnesses and others. The respondent was thus forcibly thrown out of the office. The matter was reported to the local police but no FIR was registered. Therefore, the complaint dated 17.09.2007 (Annexure P -8) was filed before the Magistrate.
(3.) THE complainant herself appeared as PW -1 in the witness -box and examined the aforesaid witnesses in the preliminary evidence. The petitioners were summoned for offences under Sections 354, 506, 509 and 500 of Indian Penal Code (IPC) and Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act'). The petitioners challenged the summoning order before the Sessions Court in revision which was partly allowed by setting aside the summoning order for offence under Section 3 of the Act. It was admitted before the Revisional Court that respondent is Arora by caste but her stand was that she married to a boy who belongs to a scheduled caste and by marrying him she too became a member of scheduled caste for which the SDO (Civil) issued her certificate in the year 1985.;