RATTAN Vs. RAJESH KHANNA

JUDGEMENT

(1.) Rattan, petitioner has filed this revision petition under Section 397 read with Section 401 and 482 of the Code of Criminal Procedure thereby challenging the order dated 12.2.1993 of Shri R.K. Sharma, Additional Chief Metropolitan Magistrate, New Delhi, dismissing, his complaint against the respondents.

(2.) A complaint was filed by the petitioner against the respondents for the offences under Section 171-C, India Penal Code read with Section 128, 129, 130, 131 and 132 of the Representation of People Act, 1951 as also read with Section 120-B, Indian Penal Code.

(3.) Briefly stated, the averments made in the complaint have been that the petitioner/complainant contested Lok Sabha election from the New Delhi Parliamentary constituency as an independent candidate and the accused persons committed an offence as was reported in the News Daily 'Jansatta' (Hindi) dated 21.5.1991. Further averments made in the complaint have been that the photograph appearing in the Jansatta Newsdaily indicated that Rajesh Khanna, accused No. 1, was indicating the symbol of the Congress-I party to the accused No:2 and her husband and, thus, committed the aforesaid offences. It was also claimed that the other persons present at the Polling Station at Nirman Bhawan were greatly-influenced by such ah act of accused No. 1 showing the election symbol of his party to the voters. It was also claimed that the accused No. 2 was also guilty of the aforesaid offence and a complaint was made in writing to the Station House Officer, Police Station Tughlaq Road, New Delhi on 13.9.1991 but no First Information Report was registered and, thus, this complaint.