READ HEAD NOTES TO JUDGEMENTS OF PUNJAB AND HARYANA HIGH COURT AND ALSO LAWS OF PUNJAB, HARYANA & CHANDIGARH (UT)
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Showing posts with label SCHEDULED CASTE AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT. Show all posts
Showing posts with label SCHEDULED CASTE AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT. Show all posts
Saturday, June 19, 2010
SCHEDULED CASTE AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989
S.3(1)(x) (xi)--Indian Penal Code, 1860, S.323/506--Criminal Procedure Code, 1973, S.482--Quashing of complaint--Allegations of commission of offence under S.C. and S.T. are not made out--Complaint filed not for reason that petitioner has committed an offence rather with some ulterior motive--There was some dispute in regard to path--Both sides were trying to take possession of that path--In malafide exercise Criminal complaint filed so as to pressurize petitioner in matter of possession of the path--This is when on repeated complaints and three enquiries investigation agency concluded that no offence under S.C. and S.T. Act had been committed--Factum of conclusion drawn by police authorities or enquires intentionally not disclosed in complaint--In such circumstance, continuance of these proceedings shall result in abuse of process of Court--Complaint quashed.; Dilbagh Singh & Ors. v. Sukhjinder Kaur, ; 2010(1) Law Herald (P&H) 729
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