- (1.) Heard the learned counsel for the petitioner, learned counsel for the non-petitioner No. 2 and the learned Public Prosecutor.
(2.) This petition under Section 482, Cr.P.C. is directed against the order dated 20th Nov. 96 passed by the learned Civil Judge (Senior Division)-cum-Additional Chief Judicial Magistrate, Raisinghnagar in Criminal Regular Complaint No. 36/96. By the aforesaid order, the learned Additional Chief Judicial Magistrate discharged the accused-non-petitioner No. 2 of the offences punishable under Section 500 and 501, I.P.C. 2-A. The facts relevant for the purpose of dispose of this petition may be summarised as below :- Petitioner Harban Singh filed a complaint in the Court of learned Additional Chief Judicial Magistrate, Raisinghnagar alleging the commission of offences under Sections 500 and 501, I.P.C. against the non-petitioner No. 2. According to complaint the petitioner is a Lecturer and is in the employment of the State of Rajasthan. He was posted as Lecturer in Government Senior Secondary School, Raisinghnagar during the period from 1983 to 1995. On 17-6-1995 he was transferred to some other place. Feeling aggrieved by his transfer order, he has filed a civil suit in the court of learned Civil Judge (Junior Division), Raisinghnagar and obtained a stay order. The non-petitioner No. 2 was appointed as an officer incharge by the State of Rajasthan for the purpose of defending the State in that suit. An appeal against the injunction passed by the learned Civil Judge (Junior Division), Raisinghanagar was preferred in the court of learned Additional District Judge, Raisinghnagar. The appeal was registered at No. 82/95. On 29th Nov. 95 the petitioner withdrew his suit with liberty to file another suit. On 30th Nov. 95, the non-petitioner No. 2, who was appointed as officer incharge in the case moved an application before the learned Additional District Judge, Raisinghangar and in that application he alleged that the applicant (petitioner) was a "Shatir" person, who might cause complications later on, and therefore, the appeal should be disposed of on merits. The application filed by the non-petitioner No. 2 was disposed on 30th Nov. 95. 2-B. Since in his application dated 30th Nov. 1995, the non-petitioner No. 2 used the word "Shatir" for the petitioner, the petitioner lodged the complaint against the non-petitioner No. 2 alleging the commission of offences under Section 500 and 501, I.P.C.
(3.) The learned lower Court took cognizance of the aforesaid offences and on 14th Feb. 1996 directed the issue of bailable warrants of arrest against the non-petitioner No. 2. On 19th Sept. 1996, the non-petitioner No. 2 appeared before the lower Court and moved two applications; one under Section 197, Cr.P.C. and the other for dropping the proceedings in view of exception 5 to Section 499, I.P.C. The learend Civil Judge (Senior Division)-cum-Additional Chief Judicial Magistrate after hearing the arguments of both the parties, dismissed the application filed under Section 197, Cr.P.C. It was held by him that the accused (non-petitioner No. 2) was not entitled the protection of Section 197, Cr.P.C. the second application was however allowed. The learned Additional Chief Judicial Magistrate after taking into consideration the directionary meaning of the expression "Shatir" came to the conclusion that this word is used as an adjective and is by itself not defamatory and in the facts and circumstances of the case, the learned Additional Chief Judicial Magistrate came to the conclusion that the offences under Sections 500 and 501, I.P.C. were not made out.;