RAJ PAL SOOD Vs. RAVINDER NATHA VOHRA

JUDGEMENT

(1.) THIS is an application under section 482 of the Code of Criminal Procedure for quashing the process of summoning the accused and the order of commitment.

(2.) THE Petitioner, who is an Executive Engineer in P.W. D. (Irrigation Branch), Punjab, was posted as such at Malerkotla and the complainant -respondent Ravinder Nath Vohra was a lecturer in the Government College, Maleikotla at the relevant time. A report was lodged by the respondent Ravinder Nath Vohra in the Police Station, Malerkotla, under sections 332 and 353, Indian Penal Code, on March 29, 1975, against the petitioner regarding an occurrence which took place in the office of the Principal of the college. It was still under investigation with the police when Shri Vohra filed a complaint in the Court of the Judicial Magistrate 1st class, Malerkotla, under sections 333, 353 and 448, Indian Penal Code, against the petitioner (copy of the complaint is attached with the application as Annexure P. 1). He had annexed with the complaint a list of seven witnesses out of whom he examined only three witnesses at preliminary stage. The learned Magistrate vide his order dated September 20, 1975 (Annexure P. 2) summoned the petitioner for an offence under sections 333 and 353 of the Indian Penal Code. Subsequently,, the learned. Magistrate vide his order dated January 13, 1976 (Annexure P. 3) committed the petitioner to the Court of Session for trial under sections 333 and 353, Indian Penal Code. It is in this situation that the petitioner has come to this Court for quashing the proceedings initiated against him.

(3.) A reading of the proviso shows that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.