JUDGMENT

Anoop Chitkara, J. - The petitioner, who is arraigned as an accused in the complaint filed by the respondent, before the Learned Chief Judicial Magistrate, Shimla, on the allegations of defamation, has come up before this Court seeking quashing of the order taking cognizance, issuance of summons and all subsequent proceedings.

2. On 3rd May 2014, the respondent filed a complaint in the Court of Chief Judicial Magistrate, Shimla, under Section 200, CrPC, for the commission of offences punishable under Section 499 and 501 IPC, with the following allegations: -

(a) The complainant-respondent, Sh. S.R.Rana, was posted as Superintendent of Police, at the Police Headquarters, Shimla. He was initially appointed through Allied Services by Himachal Pradesh Public Service Commission and posted as Inspector in 1990.

(b) The complainant alleged that the accused-petitioner, Sh. Amar Singh, retired as a Constable from SSB, and he is his immediate neighbor in his native place at Sarkaghat, District Mandi.

(c) The accused made a complaint to Director General of Police, HP, against the present respondent, about filing a false income certificate while applying for a job. The copy of the complaint was annexed in the complaint as Annexure C-1.

(d) On 31.7.2010, at the instance of the accused, a news item was published in Dainik Bhaskar newspaper with the caption "Police Adhikari Ke Virudh Vigilance Janch." A copy of the said newspaper report was attached as Annexure C-2.

(e) After that, the accused wrote a letter to Hon'ble the Chief Justice of this Court, for taking action because the respondent had obtained the post of Inspector by furnishing false documents. A copy of the said letter dated 18.10.2010 was also attached as Annexure C-3. The complainant also annexed Annexure C-4, a note between the Registrar General of this Court and Director General of Police, vide which the letter, Annexure C-3, was forwarded to the Director-General of Police.

(f) The complainant alleged that at the instance of the accused, a news item was published in Divya Himachal on 16.11.2010 with the caption "High Court Ne S.P. Ke Khilaf Bithai Janch," a copy of which was annexed as Annexure C-5.

(g) The complainant further alleged that at the instance of the accused, on 16.6.2012, another news item was published in Punjab Kesari with the caption "Police Adhikari Ke Khilaf Maamla Daraj Karne Ki Appeal," a copy of which was annexed as Annexure C-6.

(h) After that at the instance of the accused, another news item was published in Himachal Dastak on 23.7.2012 with the caption "Jali Dasta vej Se Bana S.P."

(i) Subsequently, on 5.10.2013, the complainant sent a legal notice to the accused. A copy of the said notice was annexed as Annexure C-7 in the complaint. Vide said notice; the complainant sought an unconditional apology from the accused by publishing the same in the newspaper or in the alternative, pay damages to a sum of Rs.30,00,000/- (Rs. Thirty lacs). It was further stated in the notice that failure to do so would lead to a suit for damages and criminal proceedings under Section 500, IPC for harming the reputation of the complainant.

(j) The complainant stated that the accused got published all these news items to defame him and to cause damage to his integrity. The news items caused an immense loss of reputation to the complainant's image because of wide circulation of the newspapers.

(k) In paragraph 10 of the complaint, the complainant has stated that none of the allegations made in the aforesaid complaints were found to be correct despite inquiries and verifications. In spite of that the accused kept on tarnishing his reputation.

(l) Finally, the complainant prayed that the accused be prosecuted and punished under Sections 499 and 501, IPC.

(m) Along with the complaint, the complainant enclosed the following list of witnesses:

(i) Reader to S.P. (SIV) State Vigilance and Anti-Corruption Bureau, Shimla

(ii) Dealing Assistant (Div. Branch) dealing with complaints of Gazett