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2004 Supreme(Del) 993

R.C.CHOPRA
DEEPA BAJWA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
D.C.MATHUR, D.K.Mathur, RAJDEEP BEHURA, S.C.Singhal

R. C. CHOPRA, J.

( 1 ) THIS writ petition under Article 226 of the constitution of India read with Section 482 Cr. P. C. is with a prayer to quash F. I. R. No. 246/2001 registered at police Station Delhi Cantt under Section 3 of the scheduled Castes and Scheduled Tribes (Prevention of atrocities) Act, 1989, (hereinafter referred to as the `act only ).

( 2 ) THE petitioner prays for quashing the aforesaid f. I. R. mainly on the ground that in the complaint lodged by the complainant on 19th April, 2001, it was nowhere mentioned that the petitioner/accused knew that the complainant belonged to the community of Scheduled Castes or Scheduled Tribes. When no F. I. R. could be registered in view of this deficiency, opinion was taken from the prosecution Branch and thereafter a supplementary statement of the complainant was recorded to the effect that the petitioner knew that the Complainant belonged to the said Caste. Thereafter, on 14th June, 2001, the f. I. R. in question on the basis of complaint dated 19th april, 2001, was registered. The petitioner pleads that since the complaint as lodged by the Complainant did not make out any case under Section 3 of the Act the police misused its






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