MANDER SINGH Vs. LADI

JUDGEMENT

(1.) THE challenge in the present petition is to the order passed by the learned Additional Sessions Judge, Bathinda in revision filed by the respondent against the order passed by learned Judicial Magistrate 1st Class, Bathinda, in Criminal Complaint No. 16 of 1999, RT No. 131 of 31.5.2000, whereby the petitioners were discharged as no prima facie case was made out against them for summoning to stand trial under Section 500 IPC.

(2.) BRIEFLY , the facts are that the respondent filed a complaint against the petitioners under Sections 500/120-B/148/149/506 IPC. The dispute as is stated in the complaint is on account of certain party faction in the Panchayat elections. Further basis for filing the complaint was that the petitioners had filed a complaint against the respondent before Senior Superintendent of Police, Bathinda on February 6, 1999 stating that the respondent is a lady of bad character. She was unmarried at the age of 40 years and was running prostitution business in the village. The complaint was enquired into by the S.S.P., Bathinda and the allegations contained therein were found to be false. The false allegations levelled by the petitioners had made the life of the respondent miserable as it had become difficult for her to live in the village and get married. The dignity, reputation and character of the respondent were badly damaged. After recording preliminary evidence, the learned Magistrate directed the summoning of the petitioners vide order dated November 2, 1999. After summoning of the petitioners, the trial Court proceeded with recording of evidence of the complainant. On a consideration of the application/ complaint made by the petitioners before the police which was the sole basis for filing of the complaint by the respondent against the petitioners, the learned Magistrate found that the same does not contain any defamatory words against the respondent- complainant that she was running a prostitution business in the village or that she is a lady of bad character. The only allegation in the complaint was that the respondent, Arjan Singh and Kala Singh, are trouble makers who often levelled false allegations against the villagers. There is threat of breach of peace from these persons who always remain ready to enter into fight with co-villagers. Prayer was made for taking action against them. Keeping these facts in view, the learned Magistrate, vide order dated March 12, 2003, did not find sufficient material to frame charge against the petitioners and accordingly discharged them.

(3.) THE only legal issue raised by learned counsel for the petitioners is that the discharge of the petitioners by the learned Magistrate amounted to acquittal and against an order of acquittal, no revision was maintainable as the only remedy available to the respondent was by way of filing leave to appeal before this Court under Section 378 Cr.P.C. He has relied upon a judgment of Hon'ble the Supreme Court in the case of Major General, A.S. Gauraya and another v. S.N. Thakur and another, 1988(1) RCR(Criminal) 3 : 1986 Criminal Law Journal 1074 and judgments of this Court in Municipal Committee v. Shri Labhu Ram and others, 1969 Current Law Journal 619; Arjan Dass v. Market Committee, Hissar, 1980 Punjab Law Reporter 469; Bal Ram Suraj v. Dev Raj Dhiman, 1987(1) Recent Criminal Reports 616; Ashok Kumar v. State of Haryana and another, 1987(2) Recent Criminal Reports 317; State of Haryana v. Ram Singh, 1996(3) Recent Criminal Reports 134.