JUDGMENT :

Manisha Batra, J. (Oral)

The instant petition has been filed under Section 482 of the Code of Criminal Procedure (For short "Cr.P.C.") seeking quashing of Criminal Complaint No.51 of 2008 titled as Jaswant Singh v. Anil Kumar and others, filed under Section 323 of IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (For short the SC&ST Act'), the order dated 03.06.2015 (Annexure P-10) passed by the Court of learned Additional Sessions Judge, Mohali in Criminal Revision No.58 of 2014 whereby the order dated 26.05.2014 passed in the aforementioned complaint thereby dismissing the complaint had been set aside and permission was granted to the respondent-complainant to lead additional evidence as well as the order dated 19.10.2015 passed in the aforementioned complaint by the trial Magistrate whereby the present petitioners except Pankaj Kumar Gupta had been summoned to face trial for commission of aforementioned offences.

2. For the sake of continuity and coherence, the parties shall be nominated as per their original nomenclature as given during the course of trial.

3. The facts relevant for the purpose of disposal of this petition are that the aforementioned complaint had been filed by the complainant before the police on the allegations that on 28.12.2005, on being informed that the accused were raising construction on land comprised in Khasra No.615 which was Shamlat Deh land, the complainant had gone there and asked them to stop the construction which was illegally raised but the accused started hurling abuses to the complainant by calling him as "Chamar" and also used other derogatory words about his caste. The accused Satish Bala even caught hold of the complainant and assaulted him. Several persons who had gathered at the spot saved him for the assailants. Initially, a case bearing FIR No.195 dated 06.10.2007 registered at Police Station Zirakpur was registered on the aforementioned complaint. However, subsequently a cancellation report had been filed. The complainant disagreed with the said cancellation report and then the complaint was ordered to be treated as a private complaint/protest petition.

4. The respondent No.2 in his preliminary evidence examined four witnesses namely, CW-1 Mukandi Ram, CW-2 Ranjit Singh, CW-4 Balwant Singh and CW-5 Balbir Singh besides himself stepping into the witness box as CW-3. On appraising the preliminary evidence and hearing learned counsel for the complainant, the learned Magistrate vide order dated 26.05.2014 dismissed the complaint by observing that the complainant had failed to prove that he was a member of Scheduled Caste or Scheduled Tribes and the accused were not members of Scheduled Caste or Scheduled Tribe. It was further observed that the allegations qua his being assaulted and criminally intimidated by the accused were also not prima facie proved.

5. As revealed from the record, the petitioner preferred a revision petition against the order dated 26.05.2014 before the Court of learned Additional Sessions Judge, SAS Nagar, Mohali and vide order dated 03.06.2015, the said petition was allowed, the order dated 26.05.2014 was set aside. As prayed for by the complainant, he was allowed to be produce additional evidence and direction was given to the learned trial Magistrate to give opportunity to the complainant to lead further evidence and then to pass a fresh order. The Sub Divisional Judicial Magistrate, Dera Bassi then passed order dated 19.10.2015 thereby issuing process for commission of offences punishable under Sections 323 of IPC and Section 3 of the SC&ST Act as against the accused i.e. the present petitioners except Pankaj Kumar Gupta.

6. Feeling aggrieved, the petitioners-accused have filed the present petition.

7. It will be relevant to mention at the outset that though the petitioners sought quashing of the Criminal Complaint No.51 of 2008 in the petition, however, at the time of addressing arguments, learned couns