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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANDEEP PANNU
Mohinderpal Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
MANDEEP PANNU, J.
1. A petition under Section 482 of the Code of Criminal Procedure has been filed for seeking quashing of FIR No. 76 dated 06.06.2019 under Section 323 IPC, 1860 read with Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and later on added Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015) vide G.D. No. 36 dated 07.06.2019 registered at Police Station Dinanagar, Tehsil and District Gurdaspur, on the allegations that the same has been wrongly and falsely registered at the manufactured and concocted statement of respondent No.2/complainant Sanjeev Kumar son of Gurdas Mal, resident of Village Kounta, P.S. Dinanagar, Tehsil and District Gurdaspur, in order to tarnish the image and prestige of the petitioner in the eyes of society with malafide intention and political vendetta, and therefore the said FIR (Annexure P-1) is not sustainable in the eyes of law.
2. Briefly stated, the facts of the case are that Sanjeev Kumar, son of Gurdas Mal, resident of village Kounta, Tehsil and District Gurdaspur, working as an electrician, got recorded his statement befor
The central legal point established in the judgment is the requirement for immediate F.I.R. registration, the significance of reliable evidence, and the burden of proof on the prosecution.
The prosecution must substantiate allegations of caste-based abuse with credible evidence, and delays in complaint filing can undermine the case's integrity.
Child abuse - Household work and beating - Amicable settlement between parties - Rejection of petition to quash criminal proceedings - Outcome of cases which have impact upon society cannot be dispos....
An offence under the SC/ST Act requires evidence of caste-based abuse occurring in public view, which was not established in this case.
(1) Casteist abuses and criminal intimidation – Place of occurrence must be one “within public view” which is a sine qua non for making out offence under SC/ST Act.(2) Quashing of criminal case – Con....
No prima facie case for framing charges under IPC 307 absent life-endangering intention on non-vital injuries; SC/ST Act inapplicable sans public-heard caste slurs, corroboration, amid rivalry and FI....
The court quashed the charge sheet due to lack of evidence and found the accusations to be motivated by political vendetta, highlighting the importance of protecting individuals from retaliatory lega....
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