ANDRE POTHUON Vs. ROSHAN LAL

JUDGEMENT

(1.) THROUGH the currency of this petition, the petitioners namely Andre Pothuon, Site General Manager, Complex, Dulhasti Hydro Electric Project, Kishtwar and R.K. Khazanchi, Site Manager, Complex, Dulhasti Hydro Electric Project, Kishtwar, seek the quashment of the proceedings pending before the Court of Judicial Magistrate, Ist Class, Kishtwar, on a complaint dated 05.06.2003 entitled 'Roshan Lal v. Andre Pothuon and another for offences under sections 500 -B, 199 and 211 RPC, in invoking the inherent jurisdiction of this Court under section 561 -A Cr.P.C.

(2.) FACTS relevant for the disposal of this petition, put tersely, are that respondent, Roshan Lal, was employed as Driver for the vehicle in M/S Complex. The respondent preferred a complaint in the Court of Judicial Magistrate, Ist Class, Kishtwar, alleging therein that on 15.06.2002, a baseless and concocted complaint/F.I.R., was lodged by the petitioners with the Police Station, Kishtwar, with a purpose and intent to involve him in the malicious criminal case. That the respondent, being a driver of vehicle bearing registration No. JK06 -0134, has committed a theft of audio music system fitted in the vehicle No. JK02H -6823 during the intervening period of 08.06.2002 and 10.06.2002 by operating the keys in his possession. Respondent further stated that on the F.I.R. lodged by the petitioners, police of Police Station, Kishtwar had taken in custody the respondent/complainant alongwith other persons on 24.06.2002 and were subjected to mental torture and harassment. The complaint further revealed that the respondent/complainant was kept in custody by the police till late in the evening of 25.06.2002. It was further alleged in the complaint that the complainant was an employee in the Company for the last 10 years and was restrained from parking his car in the base camp on the pretext of security reasons. That the respondent/complainant having been taken into custody by the police in a theft case had also debarred him from parking his car in the base camp. When the news spread amongst other employees and his relations, the engagement of his elder daughter was cancelled and the reputation seriously and substantially injured. The respondent in his complaint also claimed Rs. 5 lacs as damages for the injuries caused to him and his reputation, and also for affecting his personal life.

(3.) THE learned Magistrate after recording preliminary evidence, issued process against the petitioners vide order dated 05.06.2003 for offences under sections 500 -B, 199 & 211 R.P.C. It is against this order that the petitioners felt aggrieved and sought its quashment on the ground that the accusations being false, vexatious and frivolous, has resulted in the abuse of the process of the Court.