Milap Chandra Jain, J. - (1.) This petition has been filed under Section 482 Cr. P.C. 1973 for quashing the proceedings of the Criminal Case No. 138190 Dr. Swaroop Ram Chaudhary v. Om Singh Rajpurohit under Sections 186 and 353, I.P.C. pending in the court of the Munsif cum judicial Magistrate, Bilara. The facts of the case giving rise to this petition may be summarised thus.
(2.) On July 21, 1990, the complainant Dr. Swaroop Ram Choudhary, Officer-Incharge, Government Hospital, Bilara, (Jodhpur) filed a complaint against the accused petitioner under Sections 186 and 353, I.P.C. with the allegations, in short, as follows: On July 18, 1990, he was working in the said hospital. Dr. K.N. Pandey, Dr. G.R. Bhandari and Dr. D.L. Ranga were also discharging their duties there. At about 10.30 A.M. the accused petitioner came in the outdoor ward of the hospital where he was seeing the patients. He used criminal force to deter him from discharging his duties he did not allow him to see the patients for about half an hour and he threatened him that he would defame him in the newspapers as he is a correspondent. If his said colleagues would not have saved him, he would have injured him. He has previously been convicted and sentenced in criminal cases by the Sessions Judge, Jodhpur and Munsif cum Judicial Magistrate, Bilara. The same day, a report was also lodged in the Police Station, Bilara but the police has not taken any action on it so far.
(3.) On this complaint, the learned Munsif cum Judicial Magistrate, Bilara, took cognizance of the offences punishable under Sections 186 and 353, I.P.C. against the accused-petitioner and repeatedly issued bailable warrants for Rs. 3,000/- each against him. After great efforts, warrant was executed. The accused petitioner put his appearance on September 19, 1992. After several adjournments, substance of accusation was explained on September 2, 1992 to him as required under Section 251, Cr. P.C.;