KHALID JAHANGIR Vs. SURJIT KUMAR

JUDGEMENT

(1.) This petition under Section 561-A Cr. P. C. has been filed by the petitioner seeking quashing of the complaint no.01 of 02.01.2009 titled Surjit Kumar v. Khalid Jehangir pending in the Court of Chief Judicial Magistrate, Kishtwar for offences punishable under Sections 500,504 RPC.

(2.) The complainant has filed the aforesaid complaint alleging therein that he was appointed as Sector Magistrate at Chatroo, 52 Inderwal Constituency on 12.12.2008. Accused was the Returning Officer for the said Constituency and a meeting of the concerned officers was called by him on 16.12.2008 in his office located at D.C. Office Complex, Kishtwar. The complainant also came to attend the meeting. It is alleged that seating arrangement adjusted all others excluding the complainant, as a result all other Sector Magistrates, except the complainant were sitting. He invited the attention of the Returning Officer to his inability to stand for such a long period due to knee problem, but the said Returning Officer, instead of listening the genuine problem, hurled filthy language upon the complainant and directed him to get out of the office chamber due to which the complainant was humiliated before the fellow colleagues. It is alleged in the complaint that the said act of the above said accused person was not in his official capacity, but an individual act.

(3.) The learned Magistrate, vide order dated 12.01.209, has drawn the proceedings under Sections 500,504 RPC and ordered issuance of process. The petitioner has sought quashing of the aforesaid complaint in the present petition.