SUNIL MAHAJAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Tersenessly, the facts and material, which need a necessary mention, relevant for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, are that, initially, Ashwani Sarpal son of Darbari Lal Sarpal, brother of complainant Jaswant Singh respondent No. 2 (for brevity "the complainant") filed a civil suit for a decree of permanent injunction, restraining petitioners Sunil Mahajan and others (defendants therein) from raising any type of construction on the 1st floor of disputed building, situated at Mahan Singh Gate, Amritsar. The defendants (therein) filed their respective written statements, wherein, the petitioners have pleaded that in fact, the plaintiff and his brother Jaswant Singh Sarpal are in the habit of grabbing the land and property of others. According to the complainant that this averment is false, defamatory and was made by the accused in their written statements to cause injury to his reputation in the eyes of officials of the department, Courts and general public. In the background of these allegations, the complainant filed the impugned complaint (Annexure P1) against the petitioners and their other co-accused.

(2.) Sequelly, the trial Magistrate dismissed the complaint being premature, by virtue of order dated 27.10.2004 (Annexure P3). However, the revision petition filed by the complainant was accepted by the revisional Court and a direction was issued to the trial Magistrate to pass a fresh summoning order, by way of order dated 12.12.2005 (Annexure P4). Consequently, the Magistrate summoned the petitioners to face the trial under Sections 499, 500 and 501 IPC, by means of impugned summoning order dated 9.1.2006 (Annexure P5).

(3.) Faced with the situation, the petitioners-accused did not feel satisfied and preferred the present petition for quashing the impugned complaint (Annexure P1) and summoning order (Annexure P5), invoking the provisions of Section 482 Cr.PC.