Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: SC 768-2023
STATE Vs. CANCELLATION
FIR No. 195 /2023
(PREM NAGAR)
04.04.2024
Present: Sh. K.D. Pachauri, Ld. Addl. PP for the State.
None for complainant despite repeated calls.
On last date, complainant had sought time to file
protest petition, however, no protest petition is filed.
This FIR was registered under Section 3 SC/ST Act
and Section 506 IPC. The allegations of complainant are that
complainant has gone to his daughter place at Khasra no. 45/13,
A-2, Bhagya Vihar where his daughter was raising construction
on her property. But the accused who want to grab the property
have interfered in that construction and on that day when
complainant was present there, accused came there, enter into
property and started threatening them and also abused with caste
related words and also threatened them to stop the construction.
IO has filed cancellation report in this case stating
that there is no public person to corroborate the allegations of
caste related abuse. Therefore, Section 3 (1) (r) & (s) are not
made out.
However, IO missed other provisions of the Act.
Section 3 (1) (g) of the Act makes it an offence if somebody who
do not belong to SC/ST Community, interferes with the
enjoyment of right of a person belonging to SC/ST Community
in any land or premises.
Section 3 (2) (va) of the Act also makes it an offence
-- 1 of 2 --
if somebody who do not belong to SC/ST community, criminally
intimidate the person belonging to SC/ST community.
Therefore, cancellation report is rejected. I take
cognizance of the offence under Section 3 (1) (g) & 3 (2) (va) of
SC/ST Act against accused.
Accused Rambir Dabas is not arrested in the present
case. Therefore, issue summons to accused through IO for the
next date of hearing.
Court notice be also issued to IO to appear in person
and supply copy of final report to accused, for the next date of
hearing.
List on 17.05.2024.
VIKRAM
ASJ-II/SPECIAL JUDGE NDPS/
NORTH-WEST/ROHINI COURTS/
DELHI/04.04.2024
-- 2 of 2 --