- (1.) The present petition has been filed under Section 482 Cr.P.C. for setting aside the judgment dated 25.04.2014 passed by learned Additional Sessions Judge, Karnal in Criminal Revision No.14 of 2014 and also for quashing of summoning order dated 21.11.2013 passed by Chief Judicial Magistrate, Karnal as well as complaint dated 21.02.2006.
(2.) Briefly, the facts of the case are that complainant-Brij Sharma, filed a complaint under Sections 500 and 501 IPC before Chief Judicial Magistrate, Karnal, alleging that the accused has defamed his image in the eyes of Public and Society at large. A news item was flashed on NDTV news channel from 6.30 AM to 11.30 PM and it was stated that the complainant is responsible for the murder. Certain other allegations were also alleged against the complainant that he terrorized the accused and their family members and after that, they were constrained to disallow their children to go to the school. The allegations contained in para No.4 of the complaint are reproduced as under: - " That Jugal Kishore son of Ram Pakash was a great gambler of the area. He was arrested by the police in more than twenty criminal cases. In two of these cases under Sec., 13 of the Gambling Act he was convicted. He used to stake huge amount in gambling. On day, dead body of Jugal Kishore with multiple injuries was found on the road in front of Kalandhari Gate, Karnal. It was spotted by passerby. They informed his family members who informed the police, immediately. A criminal case was registered but the police failed to crack the mystery. On 15.5.2001, Satish, accused No.6 and brothr of the deceased made a statement while lodging the First Information Report that complainant Brij Sharma, Anand Parkash, Parkashveen Sharma and one more person were responsible for this murder. It was alleged that he was eliminated by them due to political rivalry. The matter was investigated by Shri Gulzar Singh, Inspector, CIA Staff, Karnal and Shri Om Parkash, Inspector, Police Station, City, Karnal. During the investigation it was found that there was no eye witness account. It also came in investigation that accused Satnam Singh son of Jagar Singh hatched a conspiracy and hired some criminal elements from U.P. on payment of Rs. 50,000/- alongwith Mahboob, Pawan, Kamil and Murasali residents of village Jhinjhana, District Muzaffar Nagar murdered Jugal Kishore. Satnam Singh was arrested by the police on 16.5.2001. During interrogation, he made a disclosure telling truth. On his statement remaining accused persons were arrested and it became clear that Jugal Kishore was actually killed because of money which Satnam Singh owed to him, but failed to pay the same that amount was lost by Sarnam Singh in gambling. Prosecution and proceedings against the complainant were dropped and a case under Section 182 of the Indian Penal Code was registered against accused Satish Sharma. Then, he approached Hon'ble High Court. Hon'ble High Court ordered investigation of the case by Inspector General (Law and Order). He investigated the case as per directions of Hon'ble High Court and submitted his report on 13.9.2002 to the effect that Brij Sharma Anand Parkash and Parkashveer had no connection with the murder of Jugal Kishore. His murder was actually committed by Satnam, Azad, Mahboob and Pawana etc. Challan against them was filed in the court in which charge was framed against them."
(3.) On the basis of the said complaint and after recording statement of complainant and other witnesses, the summoning order was passed on 13.03.2007.;