CRM No. M- 32258 OF 2010 v. State of Haryana

Mr. K.C. Gupta, Sr. DAG, Haryana. Mr. A.S. Virk, Advocate for the complainant. **** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him on 24.10.2010 for the offences under Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) 1989 and Section 506 IPC. The FIR in the case has been registered on the complaint of Mohan Lal. It is alleged by the complainant that on

22.10.2010 he had come to attend the marriage of the son of Devender Garg. The marriage function was held at Shurbhi Palace, Ismailabad. After taking his meal, when he was going back to his house; Sat Parkash (petitioner) met him on the inner gate of Shurbhi Palace, Ismailabad. He was fully inebriated. He started abusing the complainant and stated that he had got him transferred and he would not leave him. There were other persons including Karam Chand, Member Panchayat who was also standing there, he separated Sat Parkash (petitioner) and the complainant. Then the petitioner at once caught the complainant and slapped CRM No. M- 32258 OF 2010 [2] him. The other persons standing there and Puneet Jindal came between and got the complainant freed. Thereafter, the petitioner started hurling abuses and stated that he had been doing the job of slaughtering goats and he would kill him. He used offending words regarding the caste of the complainant. The complainant then called the police. It is alleged that the petitioner had called him bad names by his caste and abused by mis-describing his profession in a disgraceful manner. It was requested that action be taken. Learned counsel for the petitioner has submitted that the complainant has been Sarpanch of Ismailabad and at present he is Panch. The wife of the complainant namely Saroj Bhawra contested the recent Panchayat elections for the post of Sarpanch but she lost because the other family members of the petitioner’s family had opposed her in the election. At the time of the incident it is submitted that the complainant and his brother Nand Lal had started nagging and blaming the petitioner in the election of Saroj Bhawra wife of the complainant. The petitioner clearly said that he being a Government employee never took any active interest in politics and obviously could not influence the election. He said that his other family members were however free to take their own decision. On hearing this the complainant and his brother Nand Lal immediately got angry and hit the petitioner. It is submitted that the petitioner was hurt on the face, nose and arms and his medical examination was conducted in which lacerated wound of about 0.5 cm x 0.5 cm was observed, which was bleeding with clotted blood at base of nose just left lateral to mid line. Another lacerated CRM No. M- 32258 OF 2010 [3] wound of 6 cm x 0.2 cm on the left forearm was observed. X-ray was advised. It is submitted that the FIR was registered after about 41 hours of the incident and after more than 38 hours of the MLR of the injuries of the petitioner. Therefore, it is a case of counterblast to pre-empt and pressurize the petitioner so that he does not pursue his complaint (Annexure P1) which he has submitted to the SHO, Police Station Ismailabad. Learned State counsel and the complainant have submitted that the petitioner in public view at the marriage place abused the complainant in respect of his caste. The complainant is a member of the Scheduled Castes and Naib Tehsildar, Ismailabad has issued a certificate certifying that complainant is a member of the Scheduled Castes. It is submitted that the injuries suffered by the petitioner are minor in nature and X-ray was advised. Besides, it is submitted that during medical examination, the petitioner refused to give urine and blood sample. Therefore, he is not co- operating with the investigation. I have given my thoughtful consideration to the contentions of the learned counsel appearing for the parties. The petitioner in a public place had abused the complainant in respect of his caste. The abusive language was used at the marriage place in public view. Therefore, in view of the provisions of Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989, the petition seeking pre-arrest bail would not be maintainable. The question that there has been delay in lodging the FIR and that the petitioner himself suffered injury is to be considered and gone into by the Investigating Authorities. On the CRM No. M- 32258 OF 2010 [4] complaint of the complainant, the police has also initiated proceedings under Sections 107 and 151 CrPC against the petitioner. The petitioner has been released on furnishing security in the said proceedings on 23.10.2009. As regards the complaint (Annexure P1) submitted by the petitioner, it is not shown or mentioned to whom the said complaint was submitted. Learned counsel for the petitioner has, however, submitted that the complaint was handed over to the Munshi and it is on account of his submitting the complaint (Annexure P1) that he had been taken for medico-legal examination. In the MLR it is recorded that the petitioner was brought by police as an alleged case history of assault on 22.10.2010 at around 10.30 p.m. at Shurbhi Palace, Ismailabad. The petitioner had refused to give blood and urine samples. His mouth was smelling of alcohol. The nature of injuries has not been determined so far and x-ray was advised. Learned counsel for the petitioner is unaware whether the x-ray of the petitioner was done or not. Keeping in view the nature of allegations against the petitioner and the fact that he had used abusive language in respect of the caste of the complainant, no ground for grant of pre- arrest bail is made out at this stage. Accordingly, the Crl. Misc. petition is dismissed. (S.S. SARON) JUDGE November 10, 2010