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2021 Supreme(HP) 506

ANOOP CHITKARA
Amar Singh – Appellant
Versus
S. R. Rana – Respondent


Advocates appeared:
Arun Kumar, Advocate, Nareshwar Singh Chandel, Advocate, Vinod Kumar Gupta, Advocate, Sanjeev Kuthiala, Advocate, Srishti Chauhan, Advocate

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 complai

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