CHOTU RAM Vs. VINAY KUMAR

JUDGEMENT

(1.) The petitioner has invoked the inherent jurisdiction of this Court under Sec. 482 Cr.P.C. seeking quashment of the complaint pending before the Court of Sub Judge (Judicial Magistrate 1st Class), Nowshera (hereinafter referred to as the trial Court ) and the order, whereby process has been issued against him for offences under Ss. 504 and 506 IPC.

(2.) Learned counsel for the respondent submitted that the complaint is presently under consideration before the trial Court and that the complainant has already examined himself as well as other witnesses in support of his case. It is contended that the petitioner has adequate opportunity to raise all permissible defences before the trial Court by way of cross-examination and by confronting the complainant and his witnesses with relevant material, if any. According to the respondent, interference at this stage is neither warranted nor justified.

(3.) Per contra, learned counsel for the petitioner argued that the complainant, being a practicing Advocate, has misused the process of law and that several FIRs stand registered against him. It is further submitted that the petitioner has lodged a complaint against the respondent in relation to execution of a fictitious sale deed, which is stated to be under investigation by the CBI. Allegations of threats to the petitioner s life and fraudulent withdrawal of compensation from the Defence Estates Officer, Rajouri, by the respondent s family have also been raised. On these grounds, it is contended that the complaint in question is malicious and motivated by personal vendetta.