OM PARKASH BALL Vs. BALRAJ KAPOOR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 24.10.2002, passed by the learned Chief Judicial Magistrate Poonch, in File No: 46/Com -plaint, whereby the respondent has been discharged from the offence under Section 500 RPC on the ground that after the period of three years, no cognizance can be taken with regard to any offence committed before that. Relevant facts for disposal of the present appeal be noticed as under:

(2.) APPELLANT /complainant filed a complaint under Section 500 RPC before the learned Chief Judicial Magistrate, Poonch, against the respondent alleging therein that he is a respectable citizen and engaged in business at Poonch where he is permanently residing. He is enjoying good reputation in his native village Bhench and Poonch city besides other places in Jammu province. His community members, social, political and business circles always held him in high esteem due to his honest, fair and principled dealings with his customers, business dealers, associates and all members of the society. Respondent in order to defame him, filed a complaint before Senior Superintendent of Police, Poonch, on 6.3.1998 for taking action against the appellant/complainant under the Police Rules and declare him as history sheeter by recording his name in surveillance register No: 10 of Police Station Poonch and impose all consequential restrictions on his freedom to which he is entitled to under the Constitution of India.

(3.) APPELLANT challenged the action of the concerned Police authority before the learned District Magistrate Poonchby filing an appeal but same was rejected vide order dated 25.09.2000. Appellant further challenged the order dated 25.09.2000, passed by the learned District Magistrate Poonch and police proceedings before the High Court of J and K At Jammu by filing Cr. Revision No: 78/2000. Vide judgment and order dated 12.04.2001, the learned Single Judge, set aside the impugned order dated 25.09.2000 passed by the District Magistrate Poonch and entry made in Surveillance Register No: 10 as same was found to be without jurisdiction.