HERAMBA SARMA Vs. AJOY SANKAR DAS

JUDGEMENT

(1.) In this petition under Section 482 Cr. P.C. the petitioner has approached this court for quashing the proceeding of Case No. C.R. 655/82 under Section 500 I.P.C. pending in the Court of learned Judicial Magistrate, Tezpur. Both the complainant and the accused petitioner are members of Tezpur Bar. Allegation in the complaint is that on 6 -8 -1982, in the cross -examination of witnesses in C.R. Case No. 953/81 in the Court of Addl. Chief Judicial Magistrate, Tezpur, the complainant, the counsel engaged in the said case, having termed a question put in cross -examination by the accused -petitioner the engaged counsel of the opposite party as irrelevant and useless, the accused -petitioner suddenly became angry and made indecent gesture and dubbed the complainant -opposite party - "ignorant", "you do not know anything". "Do not teach me boy, I will teach you" etc.

(2.) IT is alleged in the complaint that these utterances were made by the accused -petitioner before litigants and public, present in front of the Court room of learned Addl. Chief Judicial Magistrate.

(3.) IN the case of Jasraj Jagga (supra), the complainant having suggested to search for his missing book in the bundle of books of accused, the accused, a pleader in reply stated that he was not in the habit of stealing books like the complainant. In a case Under Section 500 I.P.C. against that utterance, the High Court at Lahore held that the matter was too petty to base complaint under Section 500 I.P.C. and the utterance was covered by the exception under Section 95 I.P.C.