VISHNU DUTT AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this revision by the revisionist Dr. Vishnu Dutt Agarwal is to his summoning order dated 12.4.2006 passed by C.J.M. Muzaffarnagar in Complaint Case No.1778/9/2006, Dr. Karan Pundir Vs. Dr. Vishnu Dutt Agarwal, for offence u/s 500 I.P.C. and entire proceeding of the aforesaid trial.

(2.) A brief resume of the unfolded background facts indicate that complainant Dr. Smt. Karan Pundir was a demonstrator (Gynaecology & Obstractics) in Swami Kalyan Dev Rajkiya Aurvedik College, Rampur District Muzaffarnagar, and was also running Aishwarya Nursing Home at her residence in house no.154 Mohalla Brahmpuri, P.S. Civil Lines, Muzaffarnagar. Revisionist accused was the acting principal and superintendent of the said college and hospital and resided in House No.189/27 Mohalla Ompuri, P.S. Kotwali City, District Muzaffarnagar. In her estimation complainant was educated and belonged to a respectable family. Her father Rajpal Singh Pundir is a practising advocate in district court, Muzaffarnagar, whereas her husband Rajesh Kumar Chauhan had superannuated from Supervisor post in Bharat Electronics in 2004. Complainant is an income tax payee and her PAN No. is ADAPP 1909 H. In the estimation of general public, she was a reputed doctor, a gentle human being and a courteous family doctor and was respected as such, her husband was also respected because of her reputation. To defame the complainant and tarnish her family prestige revisionist accused, who harboured animosity against her, had, knowingly, sent frivolous and false complaints against her to the Director, Ayurvedic and Unani Services, Lucknow, U.P., because of which, complainant was physically and economically tormented and her image was tarnished in estimation of general public. All this was done for faux pas and temerity as an abash. Revisionist accused had also publicised those allegations and had even tendered them before the City Magistrate, in an inquiry, which was being conducted against him, when the City Magistrate had no concern with such writings. This was done by the accused revisionist only with the motive to bring down and lower complainant's social prestige about which many rumours were being aired. In one of the applications, dated 25.4.2005, it was mentioned".....in subordinating administrative authorities because her husband and his caste Thakur he had got lots of influence on the local goons." In another application dated 6.5.2005, it was mentioned "otherwise nursing home has got illegal income and property and therefore, had no need for any loan and because of being a woman and her husband having influenced with the local goons, to harass the principal that she had applied to withdraw GPF." Complainant had further alleged that for a period of an entire month she was under mental shock and stress for which she had got herself treated medically. After reading such allegations general public started thinking of complainant and her husband as anti-social elements, who earn livelihood by illegal means. Her nursing home income dwindled because of aforesaid allegations.

(3.) With above allegations complaint was filed by respondent complainant against the revisionist, in which two persons, Taraspal Singh, Advocate and Arvind Kumar, Advocate, were cited as witness.