SHAFAQAT ALI WATALI Vs. GHULAM ALI

JUDGEMENT

(1.) This petition under Section 561-A Cr. P. C. has been filed by the petitioner seeking quashing of the proceedings pending in the court of learned Chief Judicial Magistrate, Jammu, in private Complaint titled Ghulam Ali v. Shafaqat Ali Watali, and the order of cognizance dated 30.05.2007 passed by the trial court, as also the order dated 08.07.2011 passed in file no.31/Rev by the learned Principal Sessions Judge, Jammu, whereby the learned Principal Sessions Judge, while dismissing for non-prosecution the revision petition, filed by the petitioner against the aforesaid cognizance order, has proceeded to record that "otherwise the impugned order summoning the petitioner after taking cognizance of an offence can't (be) challenged and is not maintainable. The remedy at the most is u/s 561-A Cr. P. C".

(2.) I have heard learned counsel for the parties, perused the record and considered the matter.

(3.) Genesis of the matter needs a brief narration. The respondent herein on 17.02.2006 filed a private complaint against two accused, namely, Mr. Shafaqat Watali, SSP, Traffic, Jammu, and Mr. Ashok Sharma, SDPO, City, Jammu, for offences punishable under Sections 323,341,500,504, 506 and 380 RPC before the learned Chief Judicial Magistrate, Jammu, on the allegations that on 10.02.2006, while he reached at Shahidi Chowk, Jammu in Gypsy no.5838/DL2-CA, the accused pounced upon him, caught hold of his neck and pushed him out of the vehicle. His shirt was torn and he was beaten by fists and blows. He was harassed, humiliated, tortured and abused. The accused persons fully knew that the complaint was Secretary of JKNPP. The accused persons demonstrated such a high handed drama in front of Congress main office, Shahidi Chowk, Jammu, with calculated and mala fide intention just to please their political congress activists and bosses. The complainant was highly defamed by such brutal acts of the accused persons.