The main legal point established in the judgment is the necessity of complying with the legal provisions of Section 340 Cr.P.C, including the requirement for a preliminary inquiry and a finding of expedience in the interest of justice before filing a complaint.

1. This common order shall disposed of the aforesaid two petitions filed under Section 482 of the Cr.P.C by Dr. M.K. Wats (hereinafter referred to as ‘the petitioner). Both the aforesaid petitions arises out of a complaint filed by the petitioner under Section 340 Cr.P.C. before the Court of ACMM, New Delhi which was assigned to the Court of the Metropolitan Magistrate for holding an inquiry and in which after holding an inquiry the said Metropolitan Magistrate filed a complaint before the ACMM again who then again marked the said case to another Metropolitan Magistrate for trial of the cases. Vide his order dated 05.01.1990 the Magistrate to whom the complaint was marked after holding an inquiry issued summons to accused Ram Lubhaya Sharma, Head Constable Subhegh Singh, S.I. Sunil Kumar, and Sh. R.D. Behot, the then Assistant Superintendent Jail, Central Jail, Tihar for facing trial with respect to offences disclosed in the complaint under Section 466/468/478/342/341 IPC. However at that time the Metropolitan Magistrate did not issue summons to Sh. Om Prakash and Sh. Satwant Singh as against the order passed by the Metropolitan Magistrate dated 05.01.1990 and the order dated 24.02.1990 Sh. Ram Lubhaya Sharma filed an appeal against the said order under Section 341 Cr.P.C. which was registered as Crl.A. No.122/1997. This appeal was allowed by the Court of Additional Sessions Judge vide order dated 06.08.1998. It is this order which has been challenged by the petitioner in Crl.M.C.3458/1999.

2. Insofar as the order of the Magistrate in having not issued summons to Sh. Om Prakash and Sh. Satwant Singh is concerned the petitioner preferred an revision which also came up for hearing before the same Sessions Judge who dismissed the same vide order dated 13.10.1998 which order is subject matter of Crl.M.C.450/1999.

3. The impugned orders proceeds on common assumptions that:

i) the inquiry in the allegations was not conducted by the same judge who released the petitioner on bail on his arrest by the Punjab Police at the instance of Dr. Ram Lubhaya Sharma after including offences under Section 326 IPC which was not mentioned in the warrants issued by the JMIC, Amritsar where a complaint was filed by Ram Lubhaya Sharma against the petitioner.

ii) the Court while making a complaint is to record the findings to the effect that it is expedient in the interest of justice that a complaint is to be filed for holding an inquiry. In the order dated 12.2.90 there is no finding of the complainant to the effect that it is expedient in the interest of justice to file a complaint against the accused person.

4. The factual matrix giving rise to the filing of the present petitions are:- i) somewhere in 1985 the petitioner filed a case against one Ram Lubhaya Sharma on the allegation that the said Ram Lubhaya Sharma cheated him by fabricating a special power of attorney to sell the petitioners industrial plot situated in Gurgaon, Haryana. It was alleged that the said Ram Lubhaya Sharma had been compelling the petitioner to withdraw the said case failing which he threatened him to implicate the petitioner in false cases in Punjab.

ii) Since the petitioner had not agreed to withdraw the complaint filed by him, Ram Lubhaya Sharma filed a complaint before the JMIC, Amritsar and on that basis obtained warrants against the petitioner for his arrest. It was on that basis the petitioner was arrested by local police officials of Delhi at the instance of one Sh. Subegh Singh, Head Constable in Punjab Police in presence of Ram Lubhaya Sharma and others pursuant to a non-bailable warrant issued by JMIC, Amritsar dated 12.08.1986 for having committed offences under section 324/326 IPC. The petitioner was then produced before the duty Magistrate who sent the petitioner in judicial custody. However, the petitioner was granted transit bail on 02.01.1987 with a condition that he would appear in the Court of JMIC, Amritsar on 15.01.1987