R.V.AHIRWAL Vs. K.K.SACHAN

JUDGEMENT

(1.) Quashing of CC No.182/2001 for the offence of defamation and summoning order of 9th May, 2003 (Annexure P-1) is sought in this petition on merits.

(2.) At the hearing it was urged by learned counsel for petitioner that petitioner was a doctor working under Municipal Corporation of Delhi (henceforth referred to as MCD) and was Incharge of the MCD Maternity Hospital at Hudson Lane, Kingsway Camp, Delhi where respondent was working as a Pharmacist, who used to bring a school bag to hospital and petitioner had entertained suspicion that respondent-complainant was stealing medicine from Government hospital in the school bag and so he had asked respondent-complainant not to bring school bag to Hospital but respondent-complainant had not stopped bringing school bag to hospital. As per petitioner, he had reported about it to Commissioner, MCD and when respondent-complainant came to know about it, he had started misbehaving with petitioner and used to pass casteiest remarks. Petitioner had filed complaint under Sections 323/352/166/188 of IPC and under Section 3 (1) (x) of Schedules Castes and Scheduled Tribes (Prevention of Atrocities) Act in the year 1998 and in the said respondent-complainant herein was convicted for the offences under Sections 323/352 of IPC and was granted probation.

(3.) It was further urged by petitioner's counsel that instant complaint filed in September, 2001 was a counter blast to petitioner's complaint which had ended in conviction and petitioner's prosecution in this complaint is bad in law, as statutory sanction under Section 197 of Cr.P.C. has not been obtained. Lastly, it was submitted that from the complaint in question, no offence is made out and in any case, the instant complaint is barred by time and in the civil appeal, trial court's judgment granting damages for malicious prosecution of respondent-complainant has been stayed. Thus, quashing of these proceedings is sought by contending on behalf of petitioner that without statutory sanction, continuance of these proceedings is an abuse of process of Court.