- (1.) This application has been filed under Section 482, Code of Criminal Procedure with the following prayers: (i) call for the report from VI Ith A.D.J., 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, I.P.C. pending in the court of Ist A.C.J.M., 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 500, I.P.C. pending in the court of A.C.J.M., 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.
(3.) 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 life time of his wife, opposite party filed petition No. 458 of 1981 for divorce. An ex parte decree was obtained in the divorce case on 16.10.1985. Steps were taken to set aside the ex parte 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, I.P.C. a criminal case was filed against the opposite party. The Crime Case No. 940/1984 under Section 494, I.P.C. 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 VI Ith 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, I.P.C. against the present applicant in which, it appears, he has been summoned. The applicant moved an application before the Ist 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 Ist 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 Ist 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 I Ind Additional Chief Judicial Magistrate, Agra as well as Ist 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 VI Ith Additional Sessions Judge, Agra.;