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2024 Supreme(HP) 238

RAKESH KAINTHLA
Rajiv Mahajan – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Nitin Thakur, Adv.
For the Respondent:Mr. R.P. Singh, Deputy Advocate General, Mr. N.K. Tomar, Adv.

JUDGMENT :

Rakesh Kainthla, J.

The petitioners have filed the present petition for quashing of FIR no. 524 of 2017 dated 24.12.2017 for the commission of offences punishable under Section 506 of IPC and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Corruption) Act (SC & ST Act), at Police Station Paonta Sahib, District Sirmaur and subsequent criminal case no. 3-ST/7 of 2018 titled State of H.P. versus Rajeev Mahajan pending before learned Special Judge, Sirmaur at Nahan.

2. The informant-victim made a complaint to the police asserting that he belongs to Scheduled Castes. He was serving as a labourer on 13.12.2014 with the contractor. His services were placed with the company on 03.07.2015. He was being asked to perform the duty for 12 hours instead of the stipulated time. He was being given Rs. 7,000/- instead of his salary of Rs.7,700/-. Other benefits were also not provided to him. Whenever he was on leave, he was asked to write an apology letter or he was marked absent. When the informant protested, he was threatened. His services were terminated. He talked to the officers and they promised to re-engage him. When no action was taken, he ta

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