KAMAL SAINI Vs. CHANDAN KUMAR

JUDGEMENT

(1.) ORDER :- Through the medium of this petition inherent jurisdiction of this Court has been invoked for quashing complaint (No. 53-A/90 Cog. titled Chandan Kumar v. Kamal Saini) the cognizance whereof was taken by the learned Judicial Magistrate 1st Class (Sub Judge) Samba and process was issued against the petitioner herein to withstand the trial for the commission of offences under Sections 341 and 323 RPC.

(2.) In the complaint the respondent had alleged that on 24-4-1990 at about 11 AM, he visited the Police Station, Semba in order to get a compromise effected between Baldev Raj and others. At that time, the petitioner herein called him inside his room and asked as to why he had been writing defamatory articles against him in his newspaper. Thereafter, the petitioner used abusive language and dragged him to another room and gave good thrashing. He also threatened that respondent would be killed. After this incident, the petitioner wrongfully confined the respondent for about two hours. The respondent lodged report of this incident in the Police Station, upon which he was got medically examined. The complaint was accompanied by a copy of this report (Report No. 10 entered in the Daily-diary Register on 24-6-1990). The copy of the medical certificate was also placed on the record. Before taking cognizance of the case, the learned Magistrate had called the report of the concerned SHO who had reported that respondent herein had entered the police station and after seating himself in a chair started discussion with the petitioner. The petitioner had inquired from him as to why he was concocting false stories against him and then publishing them in his newspaper. Upon this inquiry respondent got enraged and made an attempt to attack the petitioner but fell down on the ground and received superficial injuries. The learned Magistrate examined the respondent and his two witnesses, namely, Mohinder Singh and Narain Singh under the provisions of Section 200 Cr. P.C. He also considered the accompanying documents viz. (Police report No. 10 of June 24, 1990, copy of the medical certificate as well as the report of the SHO dated 1-9-1990 and thereafter, issued the process against the petitioner to face the trial for the commission of the offences stated above.

(3.) In this petition, it is alleged that the petitioner came to know about the lodging of the complaint and initiation of the proceedings in the Court of Sub Judge, Samba after he received a defamatory letter addressed to him by the respondent at his Bhaderwah address. This letter was sent through registered post and after its receipt complaint in question for the commission of offence of defamation was filed in the Court of Sub Judge, Judicial Magistrate, Bhaderwah. The respondent approached the High Court and got the proceedings stayed. Respondent has filed the complaint with the sole purpose of black-mailing the petitioner as well as to humiliate him at the instigation of those elements against whom the petitioner, while being posted as S.D.P.O. Samba had taken the legal action. Lastly, it is averred that cognizance of such a complaint could be taken by the Magistrate unless necessary sanction for the prosecution of the petitioner was obtained by the respondent from the competent authority.