RAJENDER SINGH Vs. DHARMENDER SHARMA

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure,1973 (Cr.P.C) is directed against order dtd. 9/10/2014 passed by learned Additional Sessions Judge-04, South-West Dwarka, New Delhi in Crl. Revision No. 16/2014, whereby, the revision petition preferred by the Respondent against the order of issuance of summon dtd. 31/5/2013 had been allowed.

(2.) The facts of the case show that on 28/6/2007, a raid was conducted regarding theft of electricity at the house near Pole No. SNFXP-0095, Anand Vihar, Main Road, Najafgarh, New Delhi and a complaint case bearing No. 686/08 came to be registered against one Rajender and two others. During the pendency of the complaint, accused Rajender was declared as proclaimed offender without having his parentage and residential address. On 6/8/2010, the petitioner was arrested by the Respondent. After the petitioner was produced before the concerned court, he was enlarged on bail. After completion of the prosecution evidence, the concerned court vide judgment dtd. 12/9/2011 acquitted the petitioner from all the offences alleged against him. The two other accused persons, namely, Pappu S/o Pratap Singh and Niranjan Dhiman were also acquitted.

(3.) On 26/3/2012, the petitioner filed a complaint case against the Respondent and two other persons, namely, C.S. Sakkarwal (Divisional Chief) and A.P. Ram (DGM Business) for offences punishable under Sec. 200 C.r.P.C. read with Ss. 500/323/341/506/34 IPC. It is alleged that the Respondent defamed the petitioner in front of the people of the locality. An allegation of taking away a sum of Rs.15,000.00 forcibly was also made. After recording the pre-summoning evidence, vide order dtd. 31/5/2013, the learned trial court directed for issuance of summons to all the three accused for facing trial for the offence of defamation (under Sec. 500 IPC).