M ALEXANDER Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been filed under Sections 2, 10, 11 and 12 of the Contempt of Courts Act, 1971 alongwith Section 482 of the Code of Criminal Procedure against the order passed by the learned Chief Judicial Magistrate, Kangra at Dharamshala on 1.7.2016, whereby the application filed by the petitioner for initiating contempt proceedings against the respondent came to be dismissed.

(2.) The facts giving rise to this petition as is pleaded in the petition are that on 14.7.2014, petitioner alongwith adopted son, who is severally disabled were physically and verbally assaulted at their McLoeodganj residence. However, as the assailant was related to lower rank Himachal Pradesh government officials (HPTDC employee) with connection with higher ranking politician, the police refused to investigate the matter. Although the complaint was lodged with the police station concerned on the same day.

(3.) It has further averred that in retribution for petitioner's lodging a complaint with the police, the assailant's spouse subsequently defamed petitioner by way of written publications alleging sexual impropriety on petitioner's part. This resulted in petitioner's second complaint lodged with the same police station on 28.7.2014 alleging defamation. Faced with the police's stonewalling both the assault and the defamation complaints, the petitioner on 20.8.2014 moved the Court of the trial Magistrate for judicial intervention. The two matters in issue were carefully inquired into by the Court and ultimately vide order dated 14.10.2014 the SHO McLeodganj was directed to investigate the case. It is thereafter that the police though registered FIR No. 94 of 2014, however, the same was only a pro forma gesture and did not reflect the complaints lodged in the matter by the petitioner and was completely silent on the twin subjects of defamation and assault.