ASHOK KUMAR Vs. RADHA KISHAN VIJ

JUDGEMENT

(1.) The main question raised upon this revision is a pure question of law, and depends upon the true construction to be placed on sec. 499 Indian Penal Code . A brief narration of facts is necessary. The petitioner Ashok Kumar filed a complaint against three respondents under sec. 500 Indian Penal Code for launching false criminal proceedings under sec. 107 and 151 Criminal Procedure Code . against him with a view to defame him as a bad character. He says that he has been lowered in the estimation of his relatives, friends and others. He alleges that people shun and avoid him.

(2.) The facts are as follows. The petitioner preferred a criminal complaint against (1) Radha Krishan Vij, (2) Pritam Das, (3) Thakur Chanderbadan Singh on 31-10-73 under sections 500/120-B/427 Indian Penal Code . His case is that these persons entered into a criminal conspiracy to implicate him in a false case of teasing Vanita, daughter of Vij. Accused Vij was the complainant in the proceedings under sec. 107/151 Criminal Procedure Code . Pritam Das was a witness in that case. Chanderbadan Singh, in-charge of police post, arrested the petitioner and made a statement in court.

(3.) In the proceedings under sec. 107/151 Criminal Procedure Code . the petitioner was bound down for one year security by Shri S. L. Dua, S. D. M. Delhi on 7-1-1971. On appeal this period was reduced by Shri O. N. Vohra, Additional Sessions Judge to four months by order dated 20-4-1971. The petitioner came in revision to the High Court. Ansari J. remanded the case back. Shri M. K. Chawla, Additional Sessions Judge, Delhi after remand allowed the appeal and acquitted the petitioner.