SURAT SINGH MALIK Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRAYER made in the present petition filed by the petitioner under Section 482 Cr.P.C. is for quashing of FIR No.117 dated 7.3.2011 under Sections 332/352/506 IPC registered at Police Station Rohtak, Civil Lines, District Rohtak and so also the final report under Section 173 Cr.P.C.

(2.) THE aforementioned FIR was registered on the basis of an application submitted by respondent Nar Singh, hereinafter refered to as the 'complainant'. He stated therein that he was posted as Accounts Assistant in the office of District Elementary Education Officer and at that time officiating as Deputy Superintendent. The petitioner was working on the post of J.B.T. teacher in Government Girls Primary School, Baini -Matu, Rohtak and a charge -sheet under Rule 7 of the Service Rules was pending against him in the department for having embezzled scholarship amount of the Scheduled Caste students for the years 1999 to 2005 -06. It was the complainant who was assigned the duty of preparing the charge -sheet against the petitioner.

(3.) APART from the charge -sheet, FIR No.11 dated 6.1.2010 under Sections 406, 409, 420, 467, 468 and 471 IPC was pending against the petitioner. The petitioner was also found involved in the enquiry conducted by Estate Officer, HUDA, Rohtak in a case pertaining to Government Model Primary School, Rohtak. The complainant was asked to look -after all the aforementioned cases. However, the petitioner was trying for a favourable report by adopting unfair means and extending threats to him. On 3.12.2008, the petitioner threatened the complainant with dire consequences regarding which he had given information on telephone No.100. The petitioner also filed a false complaint against the complainant in the Court of Judicial Magistrate 1 st Class, Rohtak in order to black -mail him. An enquiry under Section 202 Cr.P.C. was conducted wherein the allegations were found to be false and the complaint was dismissed. Similarly, the petitioner filed a civil suit against the complainant by impleading him in personal capacity, which was pending. The suit was fixed for hearing for 9.2.2011 and the complainant alongwith Prem Kumar, Clerk of his office and the record appeared in the Court, where Principal of GGMS, Chidi was also present. Though the original record was in the possession of the complainant yet the petitioner and his counsel tried to manipulate the same but the complainant foiled their attempt. While coming outside the Court, the petitioner extended a threat to the complainant that he was known to several SCs and ladies through whom he would file number of cases against him and the complainant would be finished. The counsel for the petitioner also threatened him that he had scanned his signatures and the writing and the complainant should remain careful about what he could do with the same. In case the complainant wanted to avoid any permanent damage, he should pay a sum of Rs.5,00,000/ -, otherwise false cases would be filed against him. It was also stated by the complainant that the petitioner had given a notice on the letter pad of the Teachers' Association, whereas the President of the Teachers' Association was someone else. The petitioner in conspiracy with his counsel sent a false complaint to the office of the complainant in regard to the incident on 9.2.2011. In the said complaint, the petitioner named his son Sudhir and one Mahabir as witnesses, who deposed falsely in his favour. All four persons were black -mailing the complainant in order to tarnish his reputation. Accordingly, the complainant sought legal action against the accused persons for defaming him, conspiring against him, filing false complaints and deposing falsely against him, creating hindrances in the discharge of his official duties and extending threats and demanding ransom, so that they might not target any other innocent person in future.