KULDIP N SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226/227 of the Constitution of India, the petitioner, an IPS Officer, seeks to challenge the order dated 3rd May 2011 passed by the Additional Chief Judicial Magistrate, Anand in Court Inquiry No.93 of 2002 below Exh.1, thereby the Additional Chief Judicial Magistrate, Anand, ordered issuance of process against the petitioner -accused for the offences punishable under Sections 341, 342 and 500 of the Indian Penal Code, after a lapse of 11 years from the date of filing of the complaint.

(2.) Facts relevant for the purpose of deciding this petition can be summarised as under : -

(3.) It is the case of respondent No. 2 - original complainant that on 22nd November 2001 he was serving as Deputy Superintendent of Police at Bhuj. For a period from 7th February 1997 to 30th December 2000 he served as Police Inspector, DCB at Vadodara and at that point of time the petitioner herein was the Police Commissioner of the city of Vadodara. He has alleged that since then the petitioner used to keep personal spite against him and, on one pretext or the other, used to harass the complainant. It is also his case that he was transferred from Vadodara to Junagadh and since the transfer was malafide, the complainant preferred a civil suit and obtained injunction against his transfer. The petitioner herein who, at the relevant point of time was the Police Commissioner of the city of Vadodara, preferred Misc. Civil Appeal No.277 of 1998 in the District Court against the order passed by the learned Civil Judge granting injunction in favour of the complainant.