DR. NARENDRA NATH Vs. STATE AND ANR.

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 ('CrPC') seeks to challenge an order dated 7th March, 2006 passed by the learned Metropolitan Magistrate ('MM'), Delhi in Complaint Case No. 366 of 2001 titled Radha Yadav v. Narendra Nath and Ors. and also seeks the quashing of the Complaint Case itself "along with the proceedings emanating there from qua the Petitioner."

(2.) THE facts leading to the filing of this petition are that an FIR No. 191 of 2001 was registered on 15th August, 2001 under Sections 147/148/149/186/332/353/427 IPC read with Section 3 of the Prevention of Public Property Act, 1984 at police station Krishna Nagar.

(3.) IN relation to the same incident of 15th August, 2001 Respondent No. 2 filed a complaint giving her version and what had transpired. According to her at about 9.15 pm on that day when she along with family members and a colleague Shri Rajender Pal went to Aggarwal Sweets when she came out at about 10 pm after having dinner she noticed a huge crowd. Her neighbor Shri Vinod Sharma called her and informed her that in view of the electricity problem in the area, he and the other persons had come to make a complaint to Shri Narender Nath, the Petitioner here, who at that point of time was the Minister of Power & Education in the Government of National Capital Territory of Delhi and Shri Sharma informed Respondent No. 2 that the Petitioner had, instead of making arrangements for restoration of electricity, called the police. It is then stated that when Respondent No. 2 went to the spot, the Petitioner here taunted and insulted her in the presence of the crowd and by stating that she was trying to portray herself as a leader, he exhorted the DCP to beat her up. It is then stated that at the instance of Shri Manoj Kumar, the DCP and Shri R.K. Sharma, the Additional DCP, Shri Ashok Tyagi the SHO tried to catch hold of her. It is stated that when the Petitioner here explained that she was a practicing lawyer and that being a lady some women constable should be called, the Petitioner is supposed to have shouted "yeh saali bohat kannoon jhaad rahi hai, iska who hall karo key yeh beijjati ke karan kuch no bol sake, phir bhi na mane toh jaan se maar do". It is further alleged that SI Sunil Kumar abused her, gave her lathi blows, caught hold of her blouse and tried to outrage her modesty. When she tried to save herself, SI Sunil Kumar snatched her Mangal Sutra, pushed her to the ground and again gave her lathi blows. Respondent No. 2 states that she was taken to the clinic of Dr. Bhardwaj. The next morning she was taken to the S.D.N. Hospital, Shahdara where an MLC was prepared and she was discharged late in the evening. Thereafter she had to obtain anticipatory bail in the FIR registered against her and on 20th August, 2001 filed her complaint.