ARVIND KUMAR Vs. SUKHBIR SHARMA

JUDGEMENT

(1.) By this petition under Section 482 Cr. P. C., the petitioners seek quashing of the order dated 28.6:1999 passed by the Metropolitan Magistrate, New Delhi in Criminal Case No. 149/1 of 1999 directing issue of process against them.

(2.) Petitioner No. 1 is the Commissioner (Personnel) of the DDA and the petitioner No. 2 is the Private Secretary to the Vice-Chairman of the D.D.A. Respondent No. 2 is a former employee of the D.D.A. On 26.6.1998, Shri P.K. Ghosh, Vice-Chairman of the DDA sent a confidential/secret D.O. letter to Shri Bhure Lal Commissioner, Vigilance Commission, New Delhi stating therein that the respondent No. 2 has been making false allegations against the Petitioner No. 1 on petty issues to various authorities. On 28.1.1999, the respondent No. 2 filed a complaint against Shri P.K. Ghosh and Ms. Usha Rani Chandran, Private Secretary to the petitioner No. 1 on the basis of the letter dated 26.6.1998. By the order dated 3.3.1999, the learned Magistrate took cognizance of the offence under Section 500 Indian Penal Code . against the said persons. Before issuing the process, the learned Magistrate summoned record from the office of the Vice-Chairman, DDA. On 22.2.1999, the petitioners, through their counsel, moved an application charging the respondent No. 2 having stolen the said letter from the office of the DDA. It was alleged in the said application that the respondent No. 2, having tampered with the said confidential letter, used it in the judicial proceedings initiated against Shri P.K. Ghosh and another. On the basis of the said application, respondent No. 2 filed a complaint under Sections 500/34 Indian Penal Code . against the petitioners. On the complaint being filed, process was issued against the petitioners vide order dated 28.6.1999. Aggrieved thereby, the petitioners have come up before this Court.

(3.) It is undisputed that the respondent No. 2 had filed a complaint against Shri P.K. Ghosh and Ms. Usha Rani Chandran on the basis of the D.O. letter dated 26.6.1998 allegedly sent to the Commissioner, Vigilance Commission, New Delhi, that in the proceedings emanating from the said complaint the learned Magistrate had summoned certain record from the office of the DDA and that on 22.2.1999, .he petitioners, through counsel, moved an application for recalling the summoning order and taking action against the respondent No. 2 under Section 340 Cr. P.C. for the offences alleged to have been committed by him under Sections 192/193/195/196 I.P.C. It is also undisputed that the said application was dismissed as withdrawn. The respondent No. 2 has filed the complaint case No. 149/1 of 1999 on the following allegations made in para No. 12 of the application dated 22.2.1999 (Annexure P-2at page 18 of the paper book) :-