DINESH CHANDER SHARMA Vs. S.S. CHAMBYAL

JUDGEMENT

(1.) THIS Order shall dispose of the petition filed by the petitioner under Section 482 Cr.P.C. read with Article 227 of Constitution of India against order dated 20.10.2009 passed by learned Sessions Judge, Una in criminal revision No. 1 of 2009.

(2.) BRIEFLY stated the facts of the case are that the petitioner hereinafter also referred to as complainant filed a complaint under Section 190(1)(a) read with Section 473 Cr.P.C. as against one Sh. S.S Chambyal. The complainant recorded his preliminary evidence and after perusal of the preliminary evidence adduced by the complainant, the learned Additional C.J. M Una, passed an order summoning the said respondent S.S Chambyal under Section 500/504 I.P.C. It may be mentioned herewith that the complainant had made allegations that he had appeared in the court in some proceedings and the respondent S.S Chambyal, who was posted as S.D.M. Una directed his staff to turn out the complainant. Being aggrieved, the complainant filed the complaint against the then S.D.M presently retired and after considering the preliminary evidence, the learned trial Court summoned the respondent, S.S Chambyal. During the proceedings in the case, an application under Section 319 read with Section 223 -A Cr.P.C. was filed by the complainant for proceeding against three persons named by him Roshan Lal, Dharam Chand and Kushal Kumar. In the said application, it was alleged that there is preliminary evidence on record that these three persons who were the Reader, Peon and Naib Court to the Court of S.D.M on the instigation of the respondent/accused in the form of his illegal orders to take the complainant out of his office/chamber tried to catch hold of the applicant's arm with the motive of ousting him from the respondent's office in pursuance of such illegal orders. Accordingly, he filed the application for impleading them as an accused alongwith the then SDM.

(3.) PETITIONER has filed the present petition under Section 482 Cr.P.C. read with Article 227 of Constitution of India against the said Order passed by learned Sessions Judge, Una.