GIRISH KAKKAR Vs. DHANWANTI

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure (for short 'the Code') seeking quahing of criminal proceedings and the order dated 10th October, 1986 passed by Metropolitan Magistrate, Delhi. By the impugned order notice has been given to the petitioner and other accused under Section 251 of the Code holding that prima facie case is made out against the accused persons under Section 500 of the Indian Penal Code.

(2.) Respondent No. I Dr. (M..) Dhanwanti, is the complainant. She has filed a complaint dated 26th August 1981 against seven accused under Section 500, Indian Penal Code. Petitioner No. 1 Girish Kakkar has been arrayed as accused No. 6. Petitioner No. 2 Ram Saran Kakkar was arrayed as accued No. 7. Ram Saran Kakkar died during the pendency of the present petition. The allegations made in the complaint are briefly these :-

(3.) The complainant is the legally wedded wife of Sh D. N. Waswani, who was arrayed as accused No. 1. D. N. Waswani died after filing of the complaint. The complainant along with her husband was living and cohabiting as such at cottage No. 4-A, First floor, West Paid Nagar. New Delhi. Accused No. I who was away to Hongkong on business trip arrived in India on 20th December 1980. The comnlainsnt went to receive him at Palam Airport and informed him that Girish Kakkar has taken possession of the premises referred above on false and frivolous representation. An application was filed by the complainant for setting aside the ex-parte order passed by Sh. Shiv Charan Gupta, Additional Rent Controller, Delhi on 1st August 1980. The omplainant has also moved various other applications for restitution of possession of the demised premises and the good taken illegally by Girish Kakkar. D. N. Waswani was admitted by complainant in Dr. Ram Manohar Lohia Hospital on 26th December, 1980 and he was kidnapped and removed by accused 2, 3. 4 and 5 from the said hospital on 3rd January, "981 and since then he is kept in illegal custody of accused No. 2 and 3 at 13. Bazar Lane, Bangali Market, New Delhi. In order to black mail, harass and defame the complainant accused No. 2 and 3 have made imputations both by signs and by visible representations as well as in writing that the complainant is not the wife of D. N. Waswani intending to harm and having reasons to believe that such imputations will harm the reputation of the complainant in the eyes and estimation of relatives, friends and associates of the complainant and in the eyes of general public. Similar imputations that the complainant is not the wife of D. N. Waswani were made by accused No. 2, 3, 4 and 5 in other proceedings the particulars of which have been given in the complaint. In regard to accused No. 6 and 7 only allegations made in the complaint are contained in para 14 which reads as under :-