RAM LAL Vs. VIJENDER CHANDEL

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure (hereafter referred to as 'the Code') praying for quashing the order dated 11-4-2002 passed by the learned Chief Judicial Magistrate Bilaspur and the consequential proceedings in case No. 46-4 of 2000 has been preferred by the accused/petitioner (hereafter referred to as 'the petitioner').

(2.) Brief facts leading to the presentation of this petition are that complainant/respondent No. 1 [hereafter referred to as 'R-1') filed a complaint against the petitioner and accused/pro forma-respondents Nos. 2 to 4 under Sections 303, 342, 355, 166 and 120-B of the Indian Penal Code on the alle: gations that he had filed a complaint under Section 107/150 of the Code against Sukhdev etc. in the Court of S.D.M., Ghumarwin who forwarded it for inquiry to Police Station, Bilaspur. R-l accompanied by Gopal Dass and Ram Lal had gone to the Police Station on 11-6-2000 as he was required to attend the Police Station along with his witnesses in support of his said complaint. When R-1 made enquiries about his complaint he was asked to sit outside as the matter would be looked into. At about 6 p.m. R-1 met R-2 with the request to look into his complaint and also met Additional S.H.O. about the complaint who advised him to meet the petitioner and sit in his room. After R-1 has complied with, he was informed by the petitioner that he had taken back his complaint which fact was denied by R-1. On search the complaint was found in the file being maintained by the petitioner. It infuriated the petitioner and started abusing R-1 in filthy language and also started beating him with fist and kick blows and proclaimed that R-l has terrorized the 'Ilaqua'. In the meanwhile, Additional S.H.O. and S.H.O. came in the room and on their enquiry as to what had happened the petitioner said "prepare a false case against him and put him behind the bars" and that the petitioner would not spare R-l at any cost. Thereafter, R-1 was confined in a room and declaring that he would put all the persons behind the bars, the petitioner opened the locks of 'Hawalat' room which he did at the instance of R-4 with whom he had connived and conspired against the complainant. R-1 was allowed to leave after executing bail bonds whereafter he along with Gopal Dass, Ram Lal, Amar Nath and Kashmir Singh went to SP's residence and informed him about what had happened at the Police Station. The S. P. directed R-l and his companions to go to the Police Station and assured that Additional S. P. would go to the Police Station and enquire into the matter. R-1 and his companions went to the Police Station where they were again abused and humiliated by using filthy language and were finally pushed off the place. On the next day the complainant lodged a written complaint with the Superintendent of Police, Bilaspur. However, nothing happened in the matter, R-1, therefore, lodged the complaint in the Court of the learned Chief Judicial Magistrate, Bilaspur. After recording the preliminary evidence, the trial Magistrate on the basis of the material before him found sufficient grounds to proceed against the petitioner and R-2 to 4 under Sections 323, 342, 355, 166 and 120-B, I.P.C. Except R-4 presence of others was secured and finally the name of R-4 as accused in the complaint had to be struck off as his correct address was not forthcoming. After hearing the parties, accusations were put to the petitioner and R-2 and R-3 on 11-4-2002 to which they pleaded not guilty and claimed to be tried. Being aggrieved by the order regarding putting of accusations, the petitioner has preferred the present petition.

(3.) I have heard the learned counsel for the petitioner and the learned counsel for respondent No. 1 and have also gone through the records.