CRL. A. 292/2020

Page 1 of 36

$~35

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

CRL. A. 292/2020

BIJENDER SINGH

..... Appellant

Through:

Mr.

Vikas

Pahwa,

Sr.

Adv.with Mr. SA Siddiqui, Mr. Hriday

Virdi, Ms. Nancy Shamim, Mr. Zeeshan

Ahmed, Ms. SS Gupta, Advs.

Versus

STATE & ANR.

..... Respondent

Through:

Mr. Harshit Gahlot, Adv.

Mr. Dixit, Adv.

ASI Jitender Kumar, PS BHD Nagar

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

J U D G M E N T

:

JASMEET SINGH, J

1.

This instant appeal is filed under section 14A of the Scheduled Caste

and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (―SC/ST

Act‖) read with Section 482 of Code of Criminal Procedure, 1973

(―Cr.P.C.‖)challenging the order dated 29.02.2020 (―impugned

order‖) passed by the learned ASJ-02, Special Judge [SC/ST Act]

(South-West) Dwarka Court, Delhi wherein application filed by the

respondent no. 2/complainant under section 4 read with section 3(2)

(vi) and (vii) of SC/ST Act and under section 217 and 218 of Indian

Digitally Signed

By:AMIT ARORA

Signing Date:08.02.2024

14:44:06

CRL. A. 292/2020

Page 2 of 36

Penal Code, 1860 (―IPC‖) against the appellant was allowed and the

learned special court directed to lodge the first information report

(―FIR‖) against the appellant.

BRIEF BACKGROUND

2.

A complaint was made by the complainant against the Constable

Rajini and her husband Constable Vikas Yadav over a dispute of

parking when their scooty had blocked the way of the car belonging to

the complainant. Complainant further made allegations of insult,

humiliation and threat against the accused. On the basis of complaint,

on 26.06.2019 an FIR No. 261/2019 under section 3(1)(c), 3(1)(r) of

SC/ST Act read with section 506 of IPC at PS Baba Haridas Nagar,

District Dwarka was registered.

3.

The appellant was appointed as the Investigation Officer (―IO‖) and

conducted a detailed investigation. After the investigation was

completed, appellant submitted the chargesheet before the learned

special court on 16.08.2019. The chargesheet was filed against the

three persons namely Vikas Yadav, Rajini and Sundra Devi (“accused

persons‖) for the commission of the offences under section 3(1)(r) of

SC/ST Act read with section 506 and 34 of IPC without arresting them

in view of Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273.

4.

On 20.08.2019, learned special court directed the appellant to appear

in court to take cognizance on the chargesheet. Hence, summons were

issued to the appellant. On 24.09.2019, appellant appeared before the

learned special court and the matter was further adjourned to

16.11.2019. Afterwards, summons were again issued for ensuring the

presence of the appellant for the next date of hearing.

Digitally Signed

By:AMIT ARORA

Signing Date:08.02.2024

14:44:06

CRL. A. 292/2020

Page 3 of 36

5.

On 16.11.2019, learned special court judge was on leave and the

matter was adjourned to 24.12.2019.

6.

Complainant filed an application on 24.12.2019 under section 4 read

with section 3(2) (vi) and (vii) of SC/ST Act and under section 217

and 218 of IPC seeking a direction against the appellant to supply the

copy of the chargesheet along with the documents to the complainant.

Further, complainant also sought to take stern action against the

appellant for wilfully, intentionally and deliberately violating the

provisions of the SC/ST Act.

7.

On 24.12.2019, appellant forwarded his request seeking personal

exemption from appearance and the same was allowed. Notice was

also issued to the appellant on the application and summons were

issued to the appellant to appear on the next date of hearing. The

matter was adjourned to 01.02.2020.

8.

On 01.02.2020, the appellant was posted for special duty in relation to

Anti CAA protest. The appellant sent SI Anoop Rana to convey his

request and to seek exemption from his personal appearance before

th