Arvind Kumar And Another vs Sukhbir Sharma
1999 Latest Caselaw 1100 Del

ORDER

M.S.A. Siddiqui, J.

1. By this petition under Section 482 Cr. P.C., the petitioners seek quashing of the order dated 28.6.1999 passed by the Metropolitan Magistrate, New Delhi in Criminal Case No. 149/1 of 1999 directing issue of process against them.

2. Petitioner No. 1 is the Commissioner (Personnel) of the DDA and the petitioner No. 2 is the Private Secretary to the Vice-Chairman of the D.D.A. Respondent No. 2 is a former employee of the D.D.A. On 26.6.1998, Shri P.K. Ghosh, Vice-Chairman of the DDA sent a confidential/secret D.O. letter to Shri Bhure Lal Commissioner, Vigilance Commission, New Delhi stating therein that the respondent No. 2 has been making false allegations against the Petitioner No. 1 on petty issues to various authorities. On 28.1.1999, the respondent No. 2 filed a complaint against Shri P.K. Ghosh and Ms. Usha Rani Chandran, Private Secretary to the petitioner No. 1 on the basis of the letter dated 26.6.1998. By the order dated 3.3.1999, the learned Magistrate took cognizance of the offence under Section 500 I.P.C. against the said persons. Before issuing the process, the learned Magistrate summoned record from the office of the Vice-Chairman, DDA. On 22.2.1999, the petitioners, through their counsel, moved an application charging the respondent No. 2 having stolen the said letter from the office of the DDA. It was alleged in the said application that the respondent No. 2, having tampered with the said confidential letter, used it in the judicial proceedings initiated against Shri P.K. Ghosh and another. On the basis of the said application, respondent No. 2 filed a complaint under Sections 500/34 I.P.C. against the petitioners. On the complaint being filed, process was issued against the petitioners vide order dated 28.6.1999. Aggrieved thereby, the petitioners have come up before this Court.

3. It is undisputed that the respondent No. 2 had filed a complaint against Shri P.K. Ghosh and Ms. Usha Rani Chandran on the basis of the D.O. letter dated 26.6.1998 allegedly sent to the Commissioner, Vigilance Commission, New Delhi, that in the proceedings emanating from the said complaint the learned Magistrate had summoned certain record from the office of the DDA and that on 22.2.1999, the petitioners, through counsel, moved an application for recalling the summoning order and taking action against the respondent No. 2 under Section 340 Cr. P.C. for the offences alleged to have been committed by him under Sections 192/193/195/196 I.P.C. It is also undisputed that the said application was dismissed as withdrawn. The respondent No. 2 has filed the complaint case No. 149/1 of 1999 on the following allegations made in para No. 12 of the application dated 22.2.1999 (Annexure P-2 at page 18 of the paper book) :-

"12. That the complainant has stolen the confidential letter written by the Vice Chairman, DDA to the Secretary, Central Vigilance Commissioner from the Confidential/Secret Records of DDA in connivance with some official of DDA against which necessary legal action is being taken and Vigilance Enquiry has been initiated and the same is in the process of completion. He has tampered with the confidential letter of DDA after illegally securing the same and used in the court proceedings."

4. It needs to be highlighted by the order passed today in Crl. M. (M). No. 1151 of 1999, the Criminal proceedings emanating from the complaint filed by respondent No. 2 against Shri P.K. Ghosh and Ms. Usha Rani Chandran have been quashed under Section 482 Cr. P.C. While quashing the proceedings, I have held that the facts and circumstances of the case clearly indicate the letter dated 26.6.1998 written by Shri P.K. Ghosh was surreptitiously removed from the concerned file and was tampered with by adding the endorsement. "For attention of the members of all the Unions headed by Shri Sukhbir Sharma" at the bottom of the said letter. It is undisputed that on 21.2.1999, the DDA has lodged the FIR No. 96 of 99 under Sections 380/354/465/468/469/474/120-B IPC at the Police Station Kotla Mubarakpur in respect of the letter dated 26.6.1998. Since the investigation of the case is still in progress, it would not be appropriate to make any observation in respect of the said report as I am anxious not to prejudge or prejudice the case of either side. Suffice it to say that the impugned statement made in para No. 12 of the application dated 22.2.1999 had a rational basis and it was not intended to defame the respondent No. 2. In the facts and circumstances of the case, the allegations made in para No. 12 of the said application do not attract the penal provision of Section 500 I.P.C.

5. For the foregoing reasons, the petition is allowed, the impugned order dated 28.6.1999 passed by the Metropolitan Magistrate, New Delhi is set aside and the proceedings emanating from the complaint case No. 149/1 of 1999 and pending on the file of the Metropolitan Magistrate, New Delhi are quashed.