JAGAT RAM Vs. DINA NATH

JUDGEMENT

(1.) The petitioner/accused (hereinafter referred to as the accused) has filed the present petition under Section 482 of the Code of Criminal Procedure (hereafter referred to as the Code) for quashing the complaint filed against him by the respondent/complainant (hereafter referred to as the complainant) under Section 7 of the Protection of Civil Rights Act and Sections 504 and 506 of the Indian Penal Code and the order dated 7.1.2003 allowing the application of the complainant, under Section 311 of the Code.

(2.) Brief facts relevant for the purpose of disposal of the present petition are that the complainant has filed a complaint against the accused in the Court of learned Additional Chief Judicial Magistrate, Sundernagar on the allegations that on 10.10.1999 at about 8.30 a.m. the accused obstructed the passage of the tractor which was loaded with the construction material of one Gian Chand and did not permit the tractor to pass through the passage through Khasra No. 729. When Gian Chand and the complainant approached the accused with a request to allow the tractor to pass through the path, the accused did not pay any heed and on the contrary he abused the complainant saying : "TOO DUMNA HAI MEIN TUJH JESI CHHOTI JAAT WALE KO SABAK SIKHAUNGA. MEIN JANTA HOON TOO ACHHOOT HAL DOOR REH AUR AUR TUJH JESE ACHOOT SE BAAT NAHIN KARUNG A AUR TUJHE JAAN SE MAAR DUNGA" and apart from uttering these words, he hurled filthy abuses on the complainant.

(3.) The complainant led preliminary evidence on the basis of which the learned trial Magistrate vide order dated 29.6.2000 directed issue of process -against of the accused for the commission of an offence punishable under Section 7 of the Prevention of Civil Rights Act. After appearance of the accused in pre -charge evidence, statements of four PWs. were recorded. One of the PWs. namely Inder Singh while under examination stated that he had already made a statement in the case which was correct and he did not want to say anything more. In view of this statement of the witness, the complainant filed an application under Section 311 of the code with the prayer to ra -call said Inder Singh in view of the cryptic statement made by him so that his statement is not termed as "irregular piece of evidence which may lead to failure of justice." This application was allowed by the learned trial Magistrate vide order dated 7.1.2003. Being aggrieved by the complaint, as well as the aforesaid order dated 7.1.2003, the accused has preferred the present petition for quashing the complaint as also the order dated 7.1.2003 on the grounds that the complaint does not disclose the commission of the alleged offence and so is the case with the preliminary evidence and the trial of the complaint is mere westage of the time of the Court and the accused who will have to attend on each and every future date if the trial is continued. It is further claimed that the respondent is prolonging the proceedings with a view to harass and humiliate the accused which is an abuse of process of the Court. It is also claimed that the Court below had erred in law by allowing the application for re -calling Inder Singh and has thus exercised the jurisdiction which is not vested in it.