RAJI SHRIVASTAVA Vs. RAJINDER GAUTAM

JUDGEMENT

(1.) Respondent - Rajinder Gautam filed a complaint under section 500/34 of the Indian Penal Code. against five persons including the petitioner, who was arraigned as accused-respondent No. 3 in the complaint In the complaint there is no specific averment against the petitioner except that she visited the Beauty clinic Training Centre of the petitioner and was the wife of an Assistant Director Investigation of the Income tax Department and she had threatened that the complainant's premises will be raided. It is submitted that there was an unjustified raid and news was published in the newspaper to malign the complainant. In the complaint as well as in the preliminary evidence, no specific allegation is made as to what role the petitioner played in defaming he complainant and as to whether and how the petitioner was involved in defaming the complainant. In absence thereof. the petitioner could not have been summoned.

(2.) Counsel for the respondent - complainant contended that some evidence may be forthcoming at a later state other than what is unfolded by the complainant which may constitute an offence against the petitioner. Needless to say that as and when any evidence warranting summoning of the petitioner is available, the trial Magistrate will be free to pass appropriate order in accordance with law. In absence of any material on record, either in the complaint or in the preliminary evidence, summoning of the petitioner is not justified, the summoning order qua the petitioner is, therefore, quashed. This will, however, not be taken as an expression of opinion on the merits of the complaint. The petition is disposed of accordingly.