- (1.) THE petition is filed by accused Baljinder Singh invoking the provision under Section 482 Cr.P.C. for quashing the complaint dated 30.7.2010 preferred by the complainant Shakuntla Devi before the learned Addl. Chief Judicial Magistrate, Panipat alongwith all consequential proceedings arising therefrom including the summoning order dated 23.12.2010.
(2.) IN a private complaint, the complainant Shakuntla Devi has stated as follows: - The complainant belongs to Od caste and her husband belongs to Balmiki caste which has been declared as Scheduled Caste by the Haryana Government. Accused Baljinder Singh belongs to upper caste. The accused very well knows that the complainant belongs to a Scheduled Caste. On 26.7.2010, the complainant alongwith her husband was proceeding on foot to the office of Deputy Commissioner, Panipat. When the complainant reached near Hali park at about 9.00 a.m., accused Baljinder Singh called the complainant from behind. The complainant turned around and saw the accused in civil dress. He was accompanied by 4 hooligans. Accused Baljinder Singh informed the complainant that he had come in search of her. The accused held her hand with an ill -intention and put his hand on her breast and asked her to go alongwith him to Panipat Court and write down a compromise on stamp paper with regard to the contempt proceedings. The accused further informed her that if she being a woman of low caste refused to agree to such a demand, he would got her abducted right away with the help of his men and would take her to his native village in District Amritsar, Punjab where he would undress her and set her on fire by pouring kerosene oil. Thereafter, her husband and her relatives would not be in a position to initiate any proceedings against him. When the complainant resisted, the accused in a fit of rage started beating the complainant by holding her hair. The complainant suffered internal injuries. She raised an alarm for help. About 35 persons from public gathered. The husband of the complainant and the public rescued the complainant from the clutches of the accused. When the accused was leaving, in public view the complainant abused her by calling her caste name.
(3.) LEARNED Addl. Chief Judicial Magistrate, Panipat examined the complainant as CW -1 and her husband Ramesh Kumar as CW -2. Having adverted to their evidence in the background of the Community Certificate produced by her, learned Addl. Chief Judicial Magistrate found that a prima facie case was made out as against the accused for proceeding under the penal provisions under Section 323, 354 and 506 IPC and Section 3(i)(x) of the SC/ST Act, 1989. Accused Baljinder Singh was also summoned to face the trial under the aforesaid penal provisions. The summoning order passed by learned Addl. Chief Judicial Magistrate, Panipat was challenged primarily on two grounds; 1) The complaint had been filed with a mala fide intention to malign the reputation of the accused. It is a completely motivated prosecution launched by the complainant with fabricated story; 2) No enquiry was conducted by the Addl. Chief Judicial Magistrate, Panipat as mandated under Section 202 Cr.P.C. since the accused was residing beyond the territorial jurisdiction of the Addl. Chief Judicial Magistrate, Panipat.;