ONKAR CHAND Vs. STATE

JUDGEMENT

(1.) THE petitioner seeks quashing of complaint attached as Annexure P.17 dated nil which was sent by P.R. Sharma Judicial Magistrate First Class, Chandigarh (for short Magistrate) on 11.3.2004 under section 340 of the Code of Criminal Procedure (for short the Code) to learned Chief Judicial Magistrate, Chandigarh as well as the order dated 12.3.2004 vide which the petitioner was summoned to stand trial under section 193 of the Indian Penal Code on the basis of the complaint. The petitioner has also challenged the order dated 2.8.2005 vide which the petition filed by the petitioner was dismissed by learned Additional Sessions Judge, Chandigarh. The petitioner also seeks quashing of all subsequent proceedings.

(2.) THE Servants of People Society (hereinafter referred to as Society) was founded by Lala Lajpat Rai in 1921. The Headquarter of the Society is located at Lajpat Bhawan, Lajpat Nagar, New Delhi which has various branches in various parts of India. Chandigarh Branch is located in Lajpat Rai Bhawan, Sector-15, Chandigarh. The petitioner claims to be a life member of the Society having joined the same in 1959. He was Secretary of the Society at the said Headquarter from 1959 to 1981. He became member Incharge of Chandigarh Branch of the Society at Lajpat Rai Bhawan, Sector-15, Chandigarh from March, 1980 onwards and in August, 2002 he was appointed as Vice President of the Society. Sumer Chand Bhatt, father of respondent No. 3, had been life member of the Society for 19 years. He was elected to Haryana Legislative Assembly in 1977 on Janta Party Ticket.

(3.) A civil suit titled Servants of People Society v. Sumer Chand Bhatt was filed through the petitioner on behalf of Society as member incharge Secretary of the Chandigarh Branch. Said civil suit was decreed on 20.3.2003. In the said suit the petitioner appeared as witness and his statement was recorded on different dates i.e. 24.1.1997 and 19.5.1997 and he was subjected to cross- examination on 24.5.2001, 8.8.2001 and 2.5.2002. During the proceedings of the said civil suit defendant Sumer Chand Bhatt died on 18.3.1999 and thereafter the suit was pursued by his legal representative i.e. respondent No. 3.