DARSHAN SINGH Vs. AVTAR SINGH

JUDGEMENT

(1.) THIS is a petition under Section 482, CrPC, filed by the accused-petitioner, seeking quashment of the criminal complaint and the summoning order dated 3.5.2000, copy Annexure P4, passed by the learned Magistrate, summoning the petitioners as accused under Section 500, IPC, in the Criminal complaint, filed by the present respondent, Avtar Singh.

(2.) ANNEXURE P3 is the copy of the criminal complaint, filed by Avtar Singh, against the present petitioners under Sections 500/34. IPC. In the said complaint, it was alleged that the accused, in connivance with each other, with the intention to harm the reputation of the complainant, in the eyes of the public, his friends and relatives, got FIR 72 under Sections 323/325/34, IPC, registered in Police Station, Garhshankar, in which the present accused No. 2, namely Darshan Singh was the complainant, while the present accused Nos. 1 and 3 namely Gurdial Singh and Chanchal Singh, were the witnesses. It was alleged that on inquiry, the allegations, made in the said FIR, were found to be false. It was alleged that thereupon, the present accused No. 2, Darshan Singh, filed a criminal complaint and in the said complaint, all the three accused appeared and made allegations against the present complainant that he had caused injuries to accused No. 2, Darshan Singh. In was alleged that in the said complaint, the present complainant was summoned as accused and ultimately, he was acquitted on 20.1.2000. It was alleged that by making allegations in the aforesaid complaint, the present accused No. 1 lowered the reputation of the complainant in the eyes of others and had committed offence under Sections 500/34 IPC. After recording the preliminary evidence, the learned Magistrate had ordered the summoning of the accused-petitioners as accused for the offence under Section 500 IPC, vide order dated 3.5.2000, copy Annexure P4.

(3.) EVEN though the respondent was represented by a counsel, in pursuance of the notice issued to him, neither any reply was filed by the respondent nor anyone had put in appearance on his behalf before me at the time of arguments.