- (1.) O. P. Garg, J. This application has been filed under Section 482, Code of Criminal Procedure with the following prayers: " (i) call for the report from 7th ADJ Agra in regard to the enquiry report about corruption in the courts at Agra; and (ii) thereafter hearing the parties, quash the proceedings in the defamation filed by the respondent against the petitioner vide No. 1266/91 under Section 500 IPC pending in the court of 1st ACJM, Agra in the interest of justice; and (iii) pass such other further order/orders as your Lordships may deem fit and proper in the circumstances of the case; (iv) to stay the arrest of applicant in Case No. 1266/91 under Section 500ipc pending in the court of ACJM Agra".
(2.) THE applicant Bhai Lal is the father-in-law of the opposite party Puran Chand. Both of them appeared before the court and made their submissions, in person. Admittedly, Smt. Sunita Bharti daughter of the applicant was married to opposite party. She died on 8-11-1986. According to the applicant she was murdered by the opposite party as the demand for dowry could not be met. During the lifetime of his wife, opposite party filed a petition No. 458 of 1981 for divorce. An ex pane decree was obtained in the divorce case on 16-10-1985. Steps were taken to set aside the ex pane decree. The divorce petition was dismissed by the Judge. Family Court, Agra on 12-10- 1994. It is also alleged that the opposite party married another woman in March 1984 during the subsistence of his married wife, Smt. Sunita. and since he had committed an offence under Section 494 IPC, a criminal case was filed against the opposite party. The crime case No. 940/1984 under Section 494 IPC ended in the acquittal of the opposite party on 1-7-1991. It is also alleged that the opposite party was convicted in Session Trial No. 366 of 1987 and was sentenced to 7 years R. I. by VIIth Additional Sessions Judge, Agra. On appeal filed in this Court by the opposite party, he has been granted bail. The opposite party filed a Crime Case No. 1266 of 1991 under Section 500, IPC against the present applicant in which, it appears, he has been summoned. The applicant moved an application before the 1st Additional Chief Judicial Magistrate Agra for dropping the defamation case. He also moved an application for the transfer of the case from the Court of 1st Additional Chief Judicial Magistrate Agra to any other court. This application was dismissed. The applicant approached the District Judge/sessions Judge, Agra but his application for transfer was dismissed. The applicant has made certain allegations about the conduct of the 1st Additional Chief Judicial Magistrate and the District Judge, Agra. It is alleged that the applicant was wrongly confined without any justification and written orders, for about two hours for no fault of his by the IInd Additional Chief Judicial Magistrate, Agra as well as 1st Additional Chief Judicial Magistrate Agra. It is also alleged that the District Judge has been very cruel to the applicant as he turned him out of the Court. According to the applicant there is rampant corruption in the District Courts at Agra in respect of which an enquiry is being conducted by the VIIth Additional Sessions Judge, Agra. The opposite party refuted all the allegations/submissions made by the present applicant (his father- in-law ). He maintained that he is being harassed and victimised by the applicant on various scores by involving him in a series of cases.
(3.) THE record of the instant case further indicates that when the case was taken up for hearing by Hon'ble R. N. Ray, J on 10-3-1997, the applicant shouted and did not allow the Hon'ble Judge to complete the dictation with the result the proceedings under Section 340, Cr. P. C. were initiated against the applicant and a notice was issued to him to show cause as to why proceedings relating to criminal contempt be not drawn against him. This notice was however discharged by Hon'ble R. N. Ray, J. on 14- 3-1997. From the various allegations made in the application under Sec. 482, Cr. P. C. it would be apparent that the applicant has taken incoherent and incongruous stand. He has also cast aspersions on the officers of the subordinate judiciary, including the Sessions Judge, Agra. The complaint filed against the applicant by the opposite party under Section 500, IPC as well as summoning order have not been brought on record. From the arguments made before this court by the applicant as well as the opposite party, who appeared in person, ,it is apparent that the relations between them are not only bitter but acrimonious. Both of them have resorted to litigative zeal; nevertheless, the proceedings under Sec. 500 I. P. C. launched against the applicant have to be disposed of as early as possible.;