AMAR SINGH Vs. S. R. RANA

JUDGEMENT

(1.) The petitioner, who is arraigned as an accused in the complaint filed by the respondent, before the Learned Chief Judicial Magistrate, Shimla, on the allegations of defamation, has come up before this Court seeking quashing of the order taking cognizance, issuance of summons and all subsequent proceedings.

(2.) On 3rd May 2014, the respondent filed a complaint in the Court of Chief Judicial Magistrate, Shimla, under Section 200, CrPC, for the commission of offences punishable under Section 499 and 501 IPC, with the following allegations: -

(3.) Learned Counsel for the petitioner drew the attention of this Court to Annexure P-3, a copy of the Inquiry Report conducted by Additional Director General, State Vigilance and A.C. Bureau, H.P., Shimla. Learned Counsel stated that in this report, it was established that the allegations were substantiated to some extent. Referring to another inquiry conducted by Dy. S.P., Inquiry Officer, SV&ACB, SIU, Shimla (Annexure P-3), Ld. Counsel argued that the Inquiry Officer had concluded that the complainant was selected as Inspector on the basis of wrong Backward Class certificate. He further submitted that even if all allegations of the complaint and the documents annexed therein are accepted on its face value, still it can be said that the accused is entitled to the benefit of exceptions of S. 499 IPC. The next submission is that in the complaint the complainant-respondent stated that the allegations/complaints made by the accused were not found to be correct by the enquiry officers, and despite that the complainant-respondent did not attach even a single report. The burden was on the complainant to make out a prima facie case, which he failed to do. Thus, in the absence of material evidence, Ld. Judicial Magistrate could not have taken cognizance and proceeded with the trial. Thus, all proceedings are to be quashed.