STATE OF HIMACHAL PRADESH Vs. DINESH CHANDER SHARMA

JUDGEMENT

(1.) State has challenged the acquittal of the respondent for the offences punishable under Sections 353, 332 and 506 of the Indian Penal Code, passed by the learned trial Court in Case No.RBT 22-II-2001/2000, decided on 26th May, 2002.

(2.) In short, the prosecution case can be summed up thus. Respondent is a practicing lawyer in District Courts at Una. Admittedly, on 29th April, 2000, around 12.30 p.m. he had gone to meet Deputy Commissioner Shri K.K. Pant, in his office with respect to the progress of some development work in his Panchayat. At that time, Shri Pant was busy in the meeting of the revenue officials and he was informed by complainant Joginder Singh, Peon that he could wait till the meeting is over. Respondent revisited his office at 3.30 p.m. Complainant told him to give a slip mentioning his name and the purpose of meeting, but he declined to do so. It is alleged that the respondent became red enrage and tore off the slip handed over to him for the purpose and gave 2-3 slaps to the complainant, besides manhandling him also criminally intimidated him, his shirt was also torn. The alleged incident is stated to have been witnessed by PW-5 Shankar Dass, who was present waiting, to meet the Deputy Commissioner outside his office, the complainant was got released from the clutches of the respondent by Shri Baldev Chand, P.A. to the Deputy Commissioner, who was attracted by commotion outside his room.

(3.) The complainant brought the matter to the notice of the Deputy Commissioner in writing which was sent to Police Station for necessary action, on the basis of which FIR was registered in Police Station, Una.