The main legal point established in the judgment is the careful scrutiny of evidence before summoning an accused in a criminal case and the magistrate's focus on the allegations and evidence at the stage of issuing process.

P.S. TEJI, J.

1. By this petition filed under Section 482 of Cr. P.C., the petitioner seeks quashing of the charge sheet and the FIR No.298/2013 under Section 186/353 of IPC registered at Police Station IGI Airport, New Delhi.

2. The present case is registered against the petitioner on the complaint of Mr. Vinod Sharma, the then AFRRO/B, Arrival Wing, Bureau of Immigration, GOI, Ministry of Home Affairs. According to the complainant, on 29.09.2013, the petitioner arrived at IGI Airport Delhi on the strength of US Passport. After clearance of his immigration, he returned to the immigration area and forcibly tried to enter from duty free shop side. Upon asking as to why he was entering, the petitioner created disturbance and insisted on clearing a lady pax namely Rupinder Kaur, who was also a US national from the same flight. It is further submitted by the complainant that the particulars of lady pax were matching with the LOC subject and the same fact was conveyed to the petitioner but still the petitioner continued to argue/abusing/using sarcastic and unparliamentarily language for immigration staff, Country (India) and created hindrance in immigration work. It is further alleged that the petitioner abused one of the staff member – Shri Vikas, SA/G, who was performing his duty at counter No.5 and also called him “son of a bitch” and also tried to manhandle him. It is further alleged that the petitioner created unruly scene in the arrival wing and tried to deter public servants from discharging their official duties.

3. Mr. V.K. Ohri, counsel for the petitioner contended that the petitioner alongwith his fiancée (both US National) visited India by Flight on 29.09.2013. Though the immigration regarding petitioner was cleared but due to delay of clearance in respect of his fiancée he raised the matter with an official of the Airport. Not getting satisfactory response from the officials, the petitioner approached higher authorities for lodging a complaint. As the officials got annoyed with the petitioner they called some of their colleagues and police officials, who told the petitioner that senior official wanted to speak to the petitioner and then they forcefully pushed the petitioner inside their meeting room and assaulted the petitioner. It is further contended that the petitioner was made to sit on the floor and cussed. Thereafter, a police complaint was registered against the petitioner under Section 186/353 of IPC for his unruly behavior and the petitioner was taken into custody. The petitioner was not allowed to contact the Embassy of USA and on the next day i.e. on 30.09.2013, the petitioner was produced before the learned Metropolitan Magistrate and was granted bail in the matter.

4. Counsel for the petitioner further contended that the petitioner has also mentioned the details of the maltreatment meted out to a United States National for the Embassy to take up the matter with Government of India. It is further contended that due to fabricated complaint against the petitioner, the petitioner was replaced in his company with some other doctor and suffered a financial loss of about Rs.4.5 lacs apart from physical and mental torture suffered at the IGI Airport in India.

5. After filing of charge sheet and a formal complaint against the petitioner, the counsel for the petitioner moved two applications; one under Section 239 of Cr. P.C. seeking discharge in the above mentioned case and another for permanent exemption from personal appearance. Counsel for the petitioner further contended that CCTV footage produced by the prosecution alongwith the charge sheet itself shows that the petitioner never obstructed any official from doing his official duty nor has he used any criminal force against any public servant. It is contended that the petitioner was ill treated, harassed and assaulted by the custom officials in collusion with the police officials. The complaint was intended to meet the possible enquiries by the United Sta