Criminal Misc. No. 18631-M of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. 18631-M of 2008 Date of Decision: 9.4.2010 Jagtar Singh Khatra …Petitioner Versus Adarsh Vidiya Mandir …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Inder Pal Singh, Advocate for the petitioner. None for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) Petitioner Jagtar Singh Khatra, who was posted as Director, Public Instructions (Elementary Education), Punjab, seeks quashing of complaint case No. 212 dated 7.6.2006 (Annexure P5) and the summoning order dated 30.5.2007 (Annexure P6) passed by the Court of Sub Divisional Judicial Magistrate, Batala, whereby the petitioner has been summoned to stand trial under Sections 500 and 120-B IPC. It is stated that in the State of Punjab w.e.f. 6.3.2006 to 29.3.2006, examination for the Eighth, Tenth and Twelfth classes were conducted by the Punjab State Education Board, Mohali and the petitioner was appointed as an Incharge of the Flying Squad for conducting raids at various Examination Centers for checking of use of unfair means/copying/cheating in the entire district Gurdaspur. Criminal Misc. No. 18631-M of 2008 2 In the present case, the complaint has been filed by Adarsh Vidya Mandir (AVM) through its Manager Jagat Pal. As per version of the petitioner, he had visited the respondent-institution on 20.3.2006 for the purpose of checking and conducting raid as on that day, examination of mathematics was undertaken by the students in the school. The premises of the school was locked. The raiding party with difficulty could get the entry. The raiding party seized copying material which was thrown out of the windows of the examination center. Three students were also found using unfair means. The entire Government staff including the Superintendent was suspended. The petitioner had recommended the cancellation of the said examination. In the impugned complaint, it has been stated as under:- “2. That on one fine day i.e. on 20.3.2006 that the accused along with your staff had a fling visit and stayed in institution of complainant from 9.30 a.m. to 1.30 p.m. and found under mention alleged irregularities and levelled various allegations first of all the allegation that the outer door of the institution was shut is denied as gate keeper was present and small door opened second allegation that there was mass copying it is also untrue as per accused allegation only three students was detected out of 250 students in doing so thirdly there was accumulation of copying material as alleged by the accused fourth a new motorcycle was standing for gifting to superintendent by the complainant is very Criminal Misc. No. 18631-M of 2008 3 much baseless and false in fact it was the property of a member of staff moreover it was purchased after selling old one whole of the allegations which has been allegedly found these has been removed by sending reply duly supported by way of an affidavit. 3. That the complainant is absolute innocent but you intentionally malafidely with ulterior motive in order to tarnish the image of renowned institution by publishing the false allegations and accusation published in the under named news papers intentionally namely – Dainik Jagran 21 March 2006, Punjab Tribune dated 23.3.2006, Hindustan Times dated 21.3.2006, Desh Sevak 22 March 2006, Desh Sevak 30 March 2006, Punjab Kesari 22 March 2006 and the publication in the said news papers are totally false and frivolous and the contents of the publication that the institution is indulging in corrupt practice which is also untrue and false. It has been verified by giving proper reply to the vigilance department copies of news papers along with copies of an affidavit and other relevant copies are attached. Moreover, the Punjab Vigilance Department conducted enquiry. It did not find any corrupt practice committed by the said institution/complainant or its staff or manager at the Criminal Misc. No. 18631-M of 2008 4 time of examination of students copy of the official letter of SSP Vigilance Bureau, Punjab, dated 22.3.2006 is also attached”. No specific imputation or libel has been attributed to the petitioner in the complaint. A perusal of summoning order reveals that the petitioner has been summoned for the offence of defamation under Section 500 with the aid of Section 120-B IPC. Neither any editor nor publisher has been arrayed as an accused. Therefore, as to what conspiracy was hatched by the petitioner, while discharging his official duties, is not discernible from the complaint and the summoning order. Under these circumstances, summoning order (Annexure P6) is set aside. The matter is remanded back to the Court of Sub Divisional Judicial Magistrate, Batala, to apply its mind afresh and state in the summoning order as to what act of the petitioner constituted the offence of defamation under Section 500 read with Section 120-B IPC. With the observations made above, present petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge April 9, 2010 “DK”