JOGINDER KUMAR Vs. SHAMSHER SINGH MALIK

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 23.08.1999 passed by the learned Additional Sessions Judge allowing the revision petition preferred by the respondent No.1 herein against the order dated 19.08.1998 passed by the learned Metropolitan Magistrate whereby the said respondent No.1's application for stopping/dropping the proceedings in the complaint case titled as "Joginder Kumar v Ran Singh" was dismissed.

(2.) The record reveals that a complaint case was filed by Joginder Kumar (petitioner herein) against some police officials and others for their prosecution and after recording pre- summoning evidence, the learned Metropolitan Magistrate, by an order dated 26.04.1990 summoned 7 accused persons including the respondent No. 1 under Sect/on 342 IPC read with sections 120B IPC and 109 IPC. The root of the problem was the dispute with regard to the filing of a Kalendra under Sections 107/151 CrPC by sub-inspector Ran Singh against Devinder Kumar, Nathu Singh and Joginder Kumar regarding a dispute over land between two parties. It is alleged that on 10.10.1989 a breach of peace had taken place due to the dispute and as such sub-inspector Ran Singh arrested Devinder Kumar, Nathu Singh and Joginder Kumar and filed a Kalendra against them for their prosecution under Sections 107/151 CrPC. According to Joginder Kumar, the case was false and the same had been made out against them by sub-inspector Ran Singh and it is because of these reasons that the complaint was filed.

(3.) The role of the respondent No.1 (Shamsher Singh) is that at the time when the Kalendra was prepared, he was working as the SHO of police station Jafarpur Kalan and, according to the learned counsel for the respondent, he had merely forwarded the Kalendra in his official capacity as the Station House Officer which he was duty bound to do. As noted in the impugned order, the arrest etc were also made by sub-inspector Ran Singh and other officials. There was no overt act on the part of the petitioner apart from forwarding the accused to the Special Executive Magistrate for taking strict action.