AMAR SINGH Vs. BIRENDER SINGH

JUDGEMENT

(1.) -PROCESS issued by learned Judicial Magistrate First Class (Forest Magistrate) Jammu, vide his order dated 09. 07. 2003, on the complaint of birinder Singh, the first respondent, under sections 500/501 and 502 R. P. C has been questioned by the petitioners in this petition filed under Section 561-A of the Code of Criminal Procedure.

(2.) ALLEGING harassment by the first respondent, an advocate by profession, who is in civil litigation with the petitioners regarding land and house falling in Khasra no. 1102 situated at Village Gandharwan tehsil Akhnoor, the petitioners submit that the process of the Criminal Court against the petitioners had been misused by the first respondent to force the petitioners to settle the civil dispute otherwise than in accordance with law.

(3.) LEARNED counsel for the petitioners submits that first respondent's complaint did not disclose any offences for which the petitioners had been summoned by the learned Magistrate. Learned counsel for the first respondent, denying the allegation of harassment to the petitioner by the first respondent, on the other hand, supports the process issued by the learned Magistrate, relying on Balraj Khanna v. Moti Ram and submitting additionally that in view of the law laid down in State of Haryana v. Ch. Bhajan Lal and Ors. no case for quashing the process issued on the complaint of the first respondent had been made out by the petitioners.