GOPAL CHAND Vs. RAMESH KUMAR

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 24/9/2010, passed by learned Judicial Magistrate First Class, Paonta Sahib, District Sirmour, H.P. (learned Trial Court), vide which the respondents (accused before the learned Trial Court) were acquitted of the commission of an offence punishable under Sec. 500 of the Indian Penal Code (in short IPC). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present appeal are that the complainant filed a complaint before the learned Trial Court for the commission of an offence punishable under Sec. 500 of the IPC. It was asserted that the complainant is running a business and has a good reputation in the area. The accused No.1, who is Pradhan of Gram Panchayat, Gorkhuwala did not have cordial relation with the complainant. He (accused No.1) was asked to deposit the embezzled amount by the Government after the villagers complained against him. However, he believed that the complainant had made the complaint, and threatened the complainant to falsely implicate him. The complainant made a complaint to the Deputy Superintendent of Police, Paonta Sahib, on 16/2/2002 for taking action against the accused No.1. He (accused No.1) had also involved the complainant and his family members in a false case for the commission of an offence punishable under Sec. 498- A of IPC in connivance with one Smt. Usha. The accused published false news item in Him Ujala Newspaper, making derogatory allegations against the complainant, calling him Natakbaj and Gunda. This newspaper was published by accused No.2. The complainant approached accused No.1 and asked him about the news item; however, accused No.1 threatened the complainant. The news item was published to lower the reputation and image of the complainant in the public at large. Therefore, a complaint was filed before the learned Trial Court to take action as per law.

(3.) The learned Trial Court recorded preliminary evidence and found sufficient reasons to summon the accused. When the accused appeared, notice of accusation was put to them for the commission of an offence punishable under Sec. 500 of the IPC.