ATMA SINGH Vs. PARMINDER SINGH

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C., filed by the accused petitioner, seeking quashment of the criminal complaint filed by the complainant-respondent under Section 499 read with the Section 500 IPC, against the accused petitioner.

(2.) THE facts which are relevant for the decision of the present petition are that the present respondent had filed a criminal complaint under Section 499 read with Section 500 IPC against the present petitioner, in the court of Chief Judicial Magistrate, Chandigarh. In the said complaint, it was alleged by the complainant that the accused had sent a letter on 27.5.1997 to the Senior Superintendent of Police, Chandigarh, in which he had made derogatory and defamatory remarks against the complainant. It was alleged that on inquiry, the said complaint was found to be false. After recording the preliminary evidence, the learned Judicial Magistrate, vide order dated 20.8.1998, dismissed the criminal complaint of the complainant. Thereafter, the complainant filed revision petition before the Sessions Court. The learned Sessions Judge, vide order dated 9.10.1998, set aside the order of the learned Magistrate and sent the case to the Chief Judicial Magistrate, Chandigarh to hold further inquiry into the criminal complaint and to dispose of the same expeditiously. Thereafter, the learned Judicial Magistrate, vide order dated 25.9.1999, ordered the summoning of the present petitioner as accused under Section 500 IPC. Aggrieved against the same, the accused petitioner has filed the present petition under Section 482 Cr.P.C. in this court seeking quashment of the criminal complaint and the order of summoning passed by the learned Magistrate.

(3.) I have heard the learned counsel for the parties and have gone through the record carefully.