Mr. S.S. Duhan, learned counsel for the petitioner contends that the petitioner himself is a Scheduled Caste and he cannot be summoned under Section 3/4 of the Act, as Section 3 of the Act provides for the punishment only on the person who himself is not a member of Scheduled Caste or Scheduled Tribe and this section has wrongly been applied in the case of the petitioner. Learned counsel further contends that Kapoor Singh has filed complaint under Sections 316,323,452,504,506 IPC and 7/15 of Prevention of Corruption Act and 3/4 of the Act. Learned counsel also contends that the complainant has filed a complaint against co-accused Master Ram Shran and Master Jagtar Singh before Director, S.C., Punjab, Chandigarh and a copy of the same has been sent to Senior Superintendent of Police, Mansa, Deputy Commissioner, Mansa, District Education Officer, Mansa, D.P.I., Punjab, Chandigarh, C.M. Punjab, Education Minister and Dalit Sena President S. Kiranjit Singh Gahari. However, in that complaint nothing was said against the petitioner and the said complaint was investigated by Sub Divisional Judicial Magistrate, Sardulgarh. Since the complainant did not produce any evidence to substantiate the allegations, therefore, the complaint was filed. Copy of the inquiry report by Sub Divisional Judicial Magistrate, Sardulgarh is also annexed with this petition as Annexure P-4. This is also a submission of learned counsel that the present complaint has been filed with a mala fide intention and with certain ulterior motive and the petitioner has been falsely implicated.
