M.L. Jain, J. - (1.) The petitioner is a tenant at Delhi in the house belonging to the mother of respondent, Shri K. U. Dudani. It appears that Dudani wanted to have the premises vacated for occupation of his widowed sister. The petitioner wrote a letter dated 5.7.78. to the Collector and the Superintendent of Police, Ajmer, that Dudani is a member of the Police force and has not only instituted a complaint against him in the court of Judicial Magistrate, Ajmer but has on many occasions threatened him with dire consequences and that he will be got involved in false and frivolous cases if the applicant did not vacate the premises. The petitioner further apprehends danger at the hands of Dudani. In connection with this petition, the Superintendent of Police called Dudani on 13.8.78.
(2.) The respondent complains that on account of the said complaint he had to undergo a lot of mental agony and he considers that the allegations in the complaint defamatory and amounting to false charges without any just and lawful ground and therefore the petitioner was guilty of offences under section 211 and 500 IPC. He accordingly filed a complaint in the court of the Judicial Magistrate Court No. 3. The learned Magistrate examined the complainant Dudani under section 200 Cr. P. C and than took cognizance against the accused petitioner, Ishwar Khubchandani under the aforesaid sections and issued summons for his appearances.
(3.) Khubchandani challenges these proceeds under section 482 Cr. P. C. Upon facts tasted above no case of any kind is established either under section 211 or 500 IPC. There is neither any defamation nor any charge. Complaints to superior authorities are even otherwise are not defamatory. The proceedings complained of are nothing but abuse of the process of the court and call for interference by this court. This petition is accordingly accepted and the impugned proceedings are hereby quashed. Petition accepted.;