Amar Saran - (1.) -Heard Shri A. B. L. Gaur and Nitin Gupta for the applicants and Shri F. S. Chauhan, opposite party No. 2 in person.
(2.) THIS application under Section 482, Cr. P.C. has been filed for quashing the criminal proceedings in Complaint Case No. 2211 of 2000 under Sections 167/466/469/471/ 500, I.P.C. and the order dated 9.8.2000 passed by the Chief Judicial Magistrate, Gautam Budh Nagar summoning the applicants in the aforesaid sections. In a short compass the facts of the case are that applicant No. 1, Dr. R. K. Sharma, was the Medical Officer at the Dadri Unit of the NTPC and the applicant No. 2, Shri A. K. Atrea was the Senior Manager, who was entrusted with the task of being the presenting officer in a domestic enquiry, which was being conducted against opposite party No. 2, who was also an employee of N.T.P.C. This enquiry was being conducted as it was alleged against the complainant that he had assaulted his controlling officer, Shri Brij Kishore. The said assault is said to have resulted in the fracture of the little finger of Shri Brij Kishore. The instant complaint was filed by Shri F. S. Chauhan, opposite party No. 2, before the Chief Judicial Magistrate, Gautam Budh Nagar on 30.5.2000, alleging that Shri Brij Kishore, the controlling authority of opposite party No. 2 had made a false complaint of assault on him by opposite party No. 2 and in pursuance of the conspiracy to falsely implicate him, the applicant Dr. R. K. Sharma had fabricated the medical prescription of the out patient department of NCPP Hospital of the N.T.P.C. by adding the words "AD X-ray Rt. HandOBL". This information was not mentioned and only the word AD after the description of the injury on the right hand was mentioned in the original script. This was done dishonestly and fraudulently for causing loss to the opposite party No. 2 and for harming his reputation.
(3.) AFTER examining complainant F. S. Chauhan and his witness Raj Bahadur under Sections 200 and 202, Cr. P.C., the Chief Judicial Magistrate, Gautam Budh Nagar summoned the applicants under the aforesaid sections by order dated 9.8.2000. It is contended by the learned counsel for the applicants that this prosecution has been launched in a mala fide manner in view of the fact that opposite party No. 2 himself was facing departmental proceedings for having assaulted his controlling officer Shri Brij Kishore on 2.12.1996. Shri Brij Kishore had even suffered a fracture of base of proximal flanges of the little finger of his right hand. This was revealed in an X-ray conducted on Brij Kishore on 2.12.1996. In order to put pressure on the applicants, who were the Medical Officer and the Presenting Officer in the charge-sheet against opposite party No. 2, the present complaint has been filed. It may be mentioned that the services of opposite party No. 2, the complainant were even terminated by the NTPC in pursuance of the charge-sheet for having assaulted his senior officer.;