S.P. SINGH Vs. G.D. SHARMA

JUDGEMENT

(1.) BY this judgment, I dispose of two Criminal Miscellaneous No. 6751-M of 1998 titled as Shri S.P. Singh v. Dr. G.D. Sharma and Criminal Miscellaneous No. 2742-M of 1999 titled as Roshan Lal Sharma v. Dr. G.D. Sharma, as both these petitions can be disposed of by one judgment as the common question of law and fact was involved. Moreover, the prayer made by both the petitioners is common, i.e., for quashment of the complaint moved by Dr. G.D. Sharma-respondent under Section 500 of the Indian Penal Code along with the summoning order dated 16.7.1997 passed by the Court of the Sub Divisional Judicial Magistrate, Pathankot.

(2.) SHRI S.P. Singh is an I.A.S. officer. He has alleged in his petition that respondent-Dr. G.D. Sharma has lodged a false complaint against him and his co-accused Shri Roshan Lal Sharma under Section 500 of the Indian Penal Code and that the said complaint is pending in the Court of Sub Divisional Judicial Magistrate, Pathankot, who has passed the summoning order dated 16.7.1997. It has been alleged by the petitioner that respondent-Dr. G.D. Sharma in the year 1990 was running Manoj Nursing Training Institute and Hospital at Pathankot. This institute was purportedly to impart training to female Nursing students and parents of some of them made complaints to the Governor of Punjab and other senior government officers inter alia alleging harassment and inhuman treatment of their wards at the hands of respondent and others. This matter in the form of press reports was published in the newspapers, i.e. 'Ajit' and 'Punjabi Tribune' dated 29.4.1990.

(3.) SOME of the girls along with their parents met the Governor of Punjab and narrated their tale of woe and to the Adviser to the Governor. The Adviser sent the complaints of the girls and their parents to Deputy Commissioner, Gurdaspur with the remarks to enquire into the matter and ensure that the girls are not harassed and victimised. As a result of that, the petitioner, who was working as Additional Deputy Commissioner (Development), Gurdaspur, was ordered vide order dated 30.4.1990 of the Deputy Commissioner, Gurdaspur, to hold a fact finding inquiry into the affairs of Manoj Nursing Training Institute, Pathankot. The petitioner conducted an inquiry and submitted his report to the Deputy Commissioner, Gurdaspur and found that all the allegations levelled by the students are correct. The enquiry was conducted in the presence of respondent, students and their parents.