CRM No. M-22242 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-22242 of 2009 (O&M) Date of decision: 19.8.2009 Satbir Goyat & others ...Petitioners Versus Smt. Santosh Devi and another ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. V.S. Punia, Advocate, for the petitioners. Rajan Gupta, J. The petitioners pray for quashing of the complaint dated 13th August, 2008, the summoning order pursuant thereto dated 6th September, 2008 and all consequent proceedings, in this petition under Section 482 Cr.P.C. Learned counsel for the petitioners has submitted that a perusal of the complaint shows that no offence is made out against the petitioners. They have been falsely implicated in the case and thus the complaint as well as all consequent proceedings deserve to be quashed. I have heard learned counsel for the petitioners and perused the record annexed with the petition. A perusal of the summoning order, Annexure P-2 shows that a complaint was lodged by one Vijay Kumar Davar stating that he was posted in Government High School Village Shergarh, District Kaithal and worked as a Science Teacher w.e.f. 29th July, 1998 to 14th CRM No. M-22242 of 2009 2 August, 2002 and as Head Master in the same school w.e.f. 15th August, 2002 to 31st May, 2007. A totally false and defamatory news item was published against him alleging that he had embezzled school funds. The accused staged Dharnas, raised slogans and took out processions against the complainant. Due to these actions, the complainant and his wife were tormented by friends and relatives. The complainant was, however, found innocent in a fact finding inquiry conducted by Shri H.P. Chaudhary, retired IAS Officer on the direction of Commissioner and Secretary to Government of Haryana, Education Department, vide his inquiry report dated 16th May, 2008. Prior to this, the complainant was placed under suspension vide order, Annexure P-3 dated 17th July, 2007, passed by Commissioner and Secretary to Government Haryana, Education Department, Chandigarh. The complainant died during the pendency of the complaint on 12.4.2009. An application was thus moved by his wife to be instituted as a complaint. It was submitted in the application that due to extreme depression suffered as a result of defamation, the complainant died due to heart failure on 12th April, 2009. This prayer was allowed on 12th June, 2009 by the trial court and wife of the complainant was permitted to pursue the complaint. A perusal of the summoning order shows that the complainant stepped into the witness-box and deposed before the court. He examined two other witnesses namely, Harshinder Kumar and Krishan Soni. Certain documents were also adduced in preliminary CRM No. M-22242 of 2009 3 evidence including the alleged defamatory publication. After examining the preliminary evidence, the trial court decided to summon the accused to face trial. Learned counsel for the petitioners has not been able to point out any legal infirmity with the order summoning the petitioners to face trial. A perusal of the same shows that it has been passed after the court arrived at a satisfaction that prima facie evidence was available against the accused, they needed to be summoned to face trial. Thus, no ground for setting-aside the summoning order is made out. There is also no merit in the plea that wife of complainant has been wrongly allowed to pursue the complaint. The application for substitution of the wife as complainant was moved on the allegation that as a result of the harassment meted out to the complainant (Vijay Kumar), he died due to heart failure. Under the circumstances, the trial court rightly allowed his wife to prosecute the complaint. I, thus, find no ground to interfere in the impugned order in the inherent jurisdiction of this court. The petition is devoid of merit and is hereby dismissed. (RAJAN GUPTA) JUDGE August 19, 2009 'rajpal'