Criminal Misc. No. M-50176 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-50176 of 2007 Date of Decision: 18.02.2010 Arvind Mehta son of Sh. Hari Dass, r/o Rajan Rubber Industry, GT Road, Dina Nagar, District Gurdaspur. ... Petitioner Versus Vijay Kumar Mahajan son of Baij Nath Mahajan, r/o B1/312, Gurdwara Gali, Dina Nagar, District Gurdaspur. ...Respondent CORAM: HON'BLE MR. JUSTICE SHAM SUNDER Present: Mr. Sandeep Arora, Advocate, for the petitioner. None for the respondent. SHAM SUNDER, J. This petition under Section 482 Cr.P.C., for quashing complaint, under Section 500 IPC (Annexure P6), the summoning order dated 16.07.05 (Annexure P7), passed by the Judicial Magistrate 1st Class, Gurdaspur, and the subsequent proceedings arising out of the same, has been filed by the petitioner. 2. The facts, in brief, are that, the complainant, being a teacher, was enjoying a good reputation, amongst his friends, relatives and students. On 13.05.03, Arvind Mehta, petitioner, and Kamlesh Kumari Sharma, in connivance with each other filed a false complaint, against the complainant and some other teachers, before Criminal Misc. No. M-50176 of 2007 2 the District Education Officer Secondary, Gurdaspur, on 13.05.2003. The allegations in the complaint were to the effect that the son of Vijay Kumar(Complainant) science teacher, whose name was struck off the rolls of the school was remarking every where that 22 students of S.S DAV High School, Awankha, Dinanagar, had been failed in Science practical of 10th class, on the request of his father, and a lesson had been taught to the School. It was further alleged that the rumour was spread by Smt. Chander Prabha's son and Sh. Vijay Mahajan's son to the students. It was further alleged that the matter would be looked into and the culprit would be brought home. It was further alleged that a group of teachers, including Sh. Viajy Mahajan, Smt. Chander Prabha, and Sh. Sukhjit Singh, had planned to spoil the goodwill of the School and the career of the students. It was further alleged that they were threatening that they would see how the students of this School get merit position in next 5 years. It was stated that a letter dated 14.05.03 alongwith the aforesaid complaint, was sent to the complainant, by the District Education Officer Secondary, Gurdaspur, to clear his stand. It was further stated that, on 16.05.03, the complainant, filed reply, before the District Education Officer Secondary, Gurdaspur, controverting all the allegations, levelled against him, in the complaint. It was further stated that the complainant never visited SS DAV School, Awankha, at any point of time, from 04.03.03 to 21.03.03, as during that period, he had been serving as a Deputy Superintendent, in Saheed Major Kulbir Singh Rana Government High School, Tangosah near Criminal Misc. No. M-50176 of 2007 3 Permanand. It was further stated that the complaint was filed, against the complainant to wreck vengeance. It was further stated that it was well known, in the public, that Arvind Mehta and Kamlesh Kumari Sharma, tried to spoil the career of the son of the complainant, who was earlier studying, in their School, wherefrom, he obtained his School leaving certificate. After conducting an inquiry, into the complaint, moved by Arvind Mehta and Kamlesh Kumari Sharma accused, the District Education Officer Secondary, Gurdaspur, came to the conclusion, that the allegations, levelled against the complainant, were false and baseless, and, as such, he (complainant) was not involved, in the alleged episode, in any manner. It was further stated that, the complainant was astonished, on reading the aforesaid news item, in the Daily Jagran and Punjab Kesri, on 28.06.03, and the pamphlets. It was further stated that Arvind Mehta, accused No.1/petitioner, in his own hand writing circulated a photostat copy of the pamphlet, in Dina Nagar, and the adjoining areas, containing false allegations, against the complainant, in the aforesaid manner. It was further stated that, on account of publication of the statement dated 28.06.03, given by the accused, in the Daily Jagran and Punjab Kesri as also the circulation of the pamphlet, the character of the complainant, was assassinated, intentionally and deliberately. It was further stated that, on account of the aforesaid complaint and publication, the reputation of the complainant, had been lowered down, amongst his relatives, friends and students, as a result whereof, he suffered a lot of physical pain Criminal Misc. No. M-50176 of 2007 4 and mental agony. A legal notice, was sent, by the complainant, to Arvind Mehta and Kamlesh Kumari Sharma, through registered post, to tender apology, in writing, but in vain. Ultimately, a complaint, under Section 500 IPC,was filed by the complainant. 3. After recording the preliminary evidence, in the complaint, vide order dated 16.07.05(Annexure P7), the petitioner and Kamlesh Kumari, were summoned as accused to face trial, for the offence, punishable under Section 500 IPC, by the trial Court. 4. Feeling aggrieved, the instant petition, has been filed by the petitioner 5. I have heard the Counsel for the petitioner, and, have gone through the documents, on record, carefully. 6. The Counsel for the petitioner, submitted that the allegations, contained in the complaint, did not make out any offence, punishable under Section 500 IPC. He further submitted that the newspaper cuttings, reported about the real story. He further submitted that, since the newspaper reports, carried the true story, as a result whereof, the career of 19 students of the school, on the intervention of the Board, was saved, it fell within the first exception engrafted to Section 499 IPC. He further submitted that the trial Court, without application of mind, to the facts and circumstances of the case, the allegations, contained in the complaint, as also the preliminary evidence, illegally summoned the accused, for the offence, punishable under Section 500 IPC. He further submitted that continuation of the complaint, as also the summoning order, Criminal Misc. No. M-50176 of 2007 5 being abuse of the process of the Court, if allowed to continue, shall amount to sheer abuse of the process of the Court. 7. After giving my thoughtful consideration, to the contentions, raised by the Counsel for the petitioner, in my considered opinion, the petition, is liable to be dismissed, for the reasons, to be recorded, hereinafter. The petitioner, was a teacher, at the relevant time, and had got reputation, in the Society. The petitioner and Kamlesh Kumari, filed a false complaint, before the District Education Officer Secondary, Gurdaspur, dated 13.05.03, against the complainant and some other teachers. A defamatory news, was published, against the complainant/respondent, to the effect, that his son, whose name was stuck off the rolls of the School, was remarking everywhere, that 22 students of SS DAV High School, Awankha, Dina Nagar, had been failed, in science practical of 10th class, on the request of his father(complainant/respondent). Such a false defamatory news, in Daily Jagran, and Punjab Kesari dated 28.06.2003, was also published and circulation of the pamphlets was also made, with a view to lower down the reputation of the complainant/respondent in the estimation of his friends, relatives and the entire teacher community. It is evident, from the order, passed by the Court of Judicial Magistrate1st Class, Gurdaspur, that such allegations, were found to be false, by the District Education Officer, Secondary, Gurdaspur. From the allegations, contained in the complaint, and the preliminary evidence, the trial court was right, in coming to the conclusion that Criminal Misc. No. M-50176 of 2007 6 there were sufficient grounds for summoning the accused for the offence, punishable under Section 500 IPC. If there is any probable defence, available to the petitioner, he can take the same, at the time of trial of the case. At this stage, the Court, cannot take into consideration the probable defence, if any of the petitioner. Continuation of complaint, the summoning order, and the subsequent proceedings, arising out of the same, therefore, shall not amount to sheer abuse of the process of the Court. No ground, therefore, is made out, for exercising the power, under Section 482 Cr.P.C., for quashing the complaint, the summoning order, and the subsequent proceedings, arising out of the same. 8. For the reasons recorded above, Criminal Misc. No.M- 50176 of 2007, being devoid of merit, must fail, and the same stands dismissed. Any observation, made in this order, shall not be taken, as an expression of mind, on merits of the case. 9. Registry is directed, to comply with the order, by sending the copies thereof, to the Courts concerned. 18.02.2010 (SHAM SUNDER) Amodh JUDGE