LAWS(APH)-1980-12-26

MOHAN SINGH BAINS Vs. MOHAN SINGH SALOOJA

Decided On December 30, 1980
COMRADE MOHAN SINGH BAINS Appellant
V/S
MOHAN SINGH SALOOJA Respondents

JUDGEMENT

(1.) This revision is directed against the order passed by the learned IV Metropolitan Magistrate, Hyderabad, dismissing under Section 203 Cr. P. C. a complaint filed by the petitioner against the respondents 1 to 8.

(2.) The petitioner is a resident of Habeebnagar in Hyderabad. He is a businessman and a social worker. The 1st respondent is a resident of Banjara Hills in Hyderabad and there is enmity between the petitioner and the 1st respondent since long. The 2nd respondent is a businessman at Hyderabad and is the proprietor of a concern known as 'High Foam'. The 3rdrespndent is the editor of weekly known as ''Leader". The 4th respondent is an Income-Tax Officer. The 5th respondent is the proprietor of a Television Sets company. The 6th respondent is the proprietor of a studio known as "Sadhana Studio". The 7th responden is a telephone operator. It is said that the 8th respondent is unoccupied without any particular avocation. The respondents 3 to 8 are residents of Hyderabad. on 10-3-1978, the petitioner filed a complaint under section 420 read with Sections 120-B and 34 IPC. in the court of the IV Metropolitan Magistrate impleading the respondents 1 to 8 as accused 1 to 8 respectively. The complaint contained 11 paras besides the prayer. The first and second paras contained allegations of the 1st accused's previous bad behaviour. Paras 3 to 7 contained allegations against the conduct and behaviour of the accused 2 to 7. In paras 8 and 9, it was alleged that the accused persons conspired to cheat the general public and, for this purpose, began to publish in the newspapers of the city from the 15th of November, 1977 and onwards that a Film Star Award Function was going to be held on llth December, 1977 and that they got printed tickets of the denominations of Rs. 10.15,25,50 and 100/-. It is further alleged that the tickets were got sold through ministerial aad official influence in the State in almost all the districts including Chittoor, Karimnagar, Nizamabad and that, when the public came to attend the function on the llth of December, 1977, they were informed that the programme was postponed, though the postponement was not published through newspapers . The proceeds, according to the complainant, went into the pockets of the first accused. It is also alleged that, after the programme was postponed and the accused misappropriated the amounts, it was published again that the programme would be held on the 25th of December, 1977 and that various important actors including Miss Hema Malini, Amjad Khan, Asrani, Shatrughna Sinba, Kumari Sarika and Miss Nithu Singh would be participating in the programme The com plainant, being a fan of Shatrughnasinha Miss Hemamalini and Miss Nitbusingh, he felt like looking these actors from close range and, therefore, he

(3.) Purchased two tickets of the denomination of Rs.25/- from M/s Royal Hotel, Nampally at Hyderabad for himself and for his wife. Before purchasing the tickets, he enquired the Manager of the Royal Hotel whether the par ticular film stars would be participating in the programme. The Manager in turn, telephoned to A.I and. on being informed that the film stars would participate, told the complainant that they would be participating. The compainant again asked the Manager whether the sale proceeds would be utilised towards cyclone relief and, on the matter being confirmed by A. on telephone with the Manager, the complainant purchased the tickets. Accor ding to the complainant, he would not have purchased the tickets but for the respresentation that the three film stars, Shatrugbna Sinba, Miss Hema Malini and Miss Nithu Singh, would participate in the programme and that the collections would be utilised for cyclone relief. The organisers took more than 6000 chairs for the function, having sold the tickets through A.I, A.3 and A.5 to A,8 and through several others with the influecce of Ministers and other officials and appropriated the entire sale proceeds without crediting anything towards cyclone relief fund. The particular film stars also did not participate in the function. Hence the complaint.