VARYAM SINGH Vs. OM PARKASH

JUDGEMENT

(1.) THIS application is at the instance of complainant Varyam Singh seeking leave to file an appeal against the judgement of acquittal recorded by the learned Chief Judicial Magistrate, Kangra at Dharamshala on 28.4.2007, in Criminal Case No. 52-II/2004/01.

(2.) THE brief facts are that on 8.11.2001 applicant Varyam Singh filed a complaint, under Section 500 IPC against the respondents and Captain Partap Chaudhary who died during the pendency of the proceedings, alleging therein that on 14.9.2000, respondents took out procession in Kangra town, raised slogans against him and burnt effigy of the applicant in front of the school Whether the reporters of the local papers may be allowed to see the Judgment? of which he is the Principal, in presence of staff, students and public. This act of the respondents has tarnished the reputation of the applicant and an FIR was got registered to this effect. On 27.9.2000 the respondents No. 2, 3 and deceased Captain Partap Chaudhary accompanied with 20 to 25 persons forcibly entered the school of the applicant and started pushing the students and teachers out of their class rooms. The applicant tried to stop them, the respondents abused, manhandled him and pushed the applicant down from the stairs in front of the staff and students of the school. This was done to lower down the reputation of the applicant. An FIR was got registered to this effect on 27.9.2000. On 29.9.2000, respondent No.3 alongwith 10/12 women caught the applicant from collar and gave him beatings, dragged him down in front of teachers and students with the intention to lower down his reputation. A complaint to this effect was also submitted to Superintendent of Police, Kangra at Dharmshala.

(3.) NOTICE of accusation, under Section 500/34 IPC was put to the respondents, who pleaded not guilty. Applicant examined ten witnesses. The statements of respondents were recorded, under Section 313 Cr.P.C. They pleaded their innocence. The respondents did not lead any evidence in defence. The learned Chief Judicial Magistrate, vide judgement, dated 28.4.2007 acquitted the respondents, hence this application for leave to file the appeal.