OM SINGH Vs. SWAROOP RAM CHOUDHARY

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr. P.C. 1973 for quashing the proceedings of the Criminal Case No. 138190 Dr. Swaroop Ram Chaudhary v. Om Singh Rajpurohit under Sections 186 and 353, I.P.C. pending in the court of the Munsif cum judicial Magistrate, Bilara. The facts of the case giving rise to this petition may be summarised thus.

(2.) On July 21, 1990, the complainant Dr. Swaroop Ram Choudhary, Officer-Incharge, Government Hospital, Bilara, (Jodhpur) filed a complaint against the accused petitioner under Sections 186 and 353, I.P.C. with the allegations, in short, as follows:

(3.) On this complaint, the learned Munsif cum Judicial Magistrate, Bilara, took cognizance of the offences punishable under Sections 186 and 353, I.P.C. against the accused-petitioner and repeatedly issued bailable warrants for Rs. 3,000/- each against him. After great efforts, warrant was executed. The accused petitioner put his appearance on September 19, 1992. After several adjournments, substance of accusation was explained on September 2, 1992 to him as required under Section 251, Cr. P.C.