SURINDER KAUR Vs. RANJIT SINGH

JUDGEMENT

(1.) The petitioner had preferred a complaint under Sections 500/506 IPC against the respondents-accused. The complaint was dismissed vide order dated 19.10.2004. The aforesaid order was passed by the learned Chief Judicial Magistrate on consideration of the post-charge evidence.

(2.) The presentation made by the petitioner complainant was that she is a well reputed lady and that on account of the contents of a complaint made against her, the private respondents had defamed her and she had been lowered in the esteem of her named colleagues and neighbours.

(3.) The learned Trial Magistrate recorded a finding of fact, on the basis of material obtaining on the file, that two named persons (namely Gurdit Singh and Ajit Singh) who had allegedly started disliking the complainant in the light of the alleged complaint, had not been examined by the complainant who (complainant) had also offer any explanation for their non-examination either. It was further noticed by the learned Magistrate that the complainant had also not examined any other colleague of herself in whose eyes her esteem had been lowered. It was further noticed that no witness from the locality had been examined by the petitioner in the context. Apart therefrom, the Trial Magistrate also noticed that the relevant portion wherein, the petitioner had been described to be a prostitute minded woman, had not been proved to be in the hand of the respondentaccused in view of the fact that no hand writing expert had been examined to prove that the relevant averments appears in the hand of the accused. Furthermore, the witnesses examined by the petitionercomplainant had not made a statement to the effect that the impugned writing was in the hand of the accused. The version of the complainant regarding the threat held out by the accused to her was invalidated on account of the non-examination of any witness from the locality. It was also noticed in the context that the petitioner complainant had not filed any complaint with the police about the impugned occurrence.