NASEEB CHAND PUNCHHI Vs. RAMESH CHAND BANTA

JUDGEMENT

(1.) THIS petition has been directed against the order dated 23.6.2011 passed by learned Judicial Magistrate Ist Class, Joginder Nagar in Private Complaint No.7 -II/11 whereby the learned Magistrate has summoned the petitioners for offence punishable under Section 500 IPC.

(2.) IT has been stated in the petition that on 30.3.2010, a letter filed as Public Interest Litigation and signed by 180 persons of village Samlot was sent to the Hon 'ble the Chief Justice of Himachal Pradesh. In the letter details like encroachments on the public road on khasra No.129 and the Government land and Nullah on Khasra No.460, cutting of trees were given. The photographs, revenue record etc. were also sent to the High Court.

(3.) IT has been stated that petitioners all through had been pressurized to withdraw the Public Interest Litigation. In the backdrop of the aforesaid facts, a false private complaint has been filed against the petitioners so as to pressurize them to withdraw the Public Interest Litigation. The Court below has summoned the petitioners vide impugned order which has been assailed by the petitioners on the grounds that the criminal proceeding is malafide and has been maliciously instituted with an ulterior motive to wreck vengeance on the petitioners as the petitioners are signatories to the Public Interest Litigation before the High Court.