LAWS(PAT)-1999-9-94

GAURI SHANKAR DUBEY Vs. STATE OF BIHAR

Decided On September 28, 1999
Gauri Shankar Dubey Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS petition under Section 482 of the Cr. P.C. has been filed for quashing the whole criminal prosecution in Complaint Case No. 391/90 now pending before the Chief Judicial Magistrate, Gaya, together with the order dt. 30.4.1993 by which cognizance has been taken under Sections 500/504/506 I.P.C. and that notices were issued to the petitioner.

(2.) THE chequered history of the case is that opposite party No.2 filed the complaint petition against the petitioner stating therein that on 20.10.1989 at about 11 A.M. the petitioner accosted the complainant on a general passage just near the office of the S.D.O. Sadar, Gaya, and abused the complainant in filthy languages and that the accused has also threatened the complainant giving ghasty and terrifying warning about dire consequences if the complainant did not withdraw the M.J. C. 435/89 pending before the High Court. It has been further alleged in the complaint petition that the petitioner had abused and cursed the complainant with unparliamentary words and with a motive and genuine intention of lowering the image and prestige of the complainant in the estimation of the public.

(3.) IT is submitted that after a merathon hearing on the contempt matter the same was dropped ultimately, but, while that contempt matter was pending then the present criminal case has been filed only as a pressurising tactics.