ABDUL HAFIZ Vs. GHULAM MOHI UD DIN

JUDGEMENT

(1.) ORDER :- Through the medium of this petition made under the provisions of Section 561-A Criminal Procedure Code, quashing of proceedings initiated by the learned Sub Judge. Judicial Magistrate First Class, Bhaderwah, in Complaint No.10/1989 titled, Ghulam Mohiuddin v. Abdul Hafiz, for commission of the offences falling under Sections 186/447/504 Ranbir Penal Code, is sought.

(2.) The petitioner-accused is a public servant and during the year 1989 was posted as Tehsildar Executive Magistrate First Class, Bhaderwah. Respondent-complainant at that time was posted as Junior Assistant in the office of Divisional Forest Office, Bhaderwah. This was the period when the Militancy was raising its head and the District Magistrate vide his wireless message No. NR-795 CR 40, R-226 Dated 12-4-1989 (Annexure-3) had directed all the S.D.M's and Tehsildars including Additional Deputy Commissioner Ramban, within his jurisdiction, to send him the details about the presence or absence of the public servants from their offices during office hours. The petitioner-accused on 15-4-1989 visited the office of the Divisional Forest Officer Bhaderwah and found respondent-complainant not present in his office. On the same day, he apprised his superior (Deputy Commissioner, Doda) about the absence of respondent-complainant, who vide his wireless message addressed to the Divisional Forest Officer Bhaderwah, copy whereof to the complainant-respondent, attached the respondent-complainant in his own office on the same day.

(3.) It appears from letter no. 15-18/Mise dated 18-4-89 (Annexure-5) that the President, Low Paid Employees Federation, Bhaderwah, (Shri Khairat Hussain), met the petitioner-accused on behalf of respondent-complainant and sought an apology for the unpleasant attitude shown by the respondent-complainant and had assured that such an incident would not occur in future. On this undertaking the petitioner-accused had requested the Deputy Commissioner Doda to withdraw the attachment order of the respondent-complainant. On 20-4-1989, the respondent-complainant filed complaint in the Court of learned Sub Judge, Judicial Magistrate First Class, Bhaderwah, wherein it was alleged that on 15-4-1989, the petitioner-accused all of a sudden entered his office and came to his room in an enraged condition and after seeing him told the respondent-complainant that he had gone astray in his mental behaviour and he will set him right and also used abusive language. On these allegations the learned Magistrate vide his order dated 13-5-1989 issued the process for summoning the petitioner-accused for the commission of offences stated above.