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2005 Supreme(J&K) 127

J.P.SINGH
Geeta Devi – Appellant
Versus
Sudesh Kumar Sharma – Respondent


Advocates Appeared:
Advocate For Appellant: Rahul Pant
Advocate For Respondent: None

1. Sudesh Kumar Sharma, respondent, a practicing Advocate at Chanani, filed a complaint before Munsiff, Judicial Magistrate First Class, Chenani, saying that he had conducted the Claim Petition of one Geeta Devi before Motor Accidents Claims Tribunal, Udhampur for 15 years, final judgment wherein was delivered on 10-11 -2003.

2. It was on 05-12-2005 that the complainant, Sudesh Kumar Sharma, along with his clerk Dchlaq Ahmad, and two others, namely Ram Singh S/o Matura and Makhan Singh, went to the house of Geeta Devi to demand payment of the fee due to the Advocate. Geeta Devi is alleged to have refused to acknowledge the complainant and instead used defamatory and un-parliamentary language by calling him thief, thug and fraudulent lawyer. On this basis, a complaint under Section 500 RPC was filed before Judicial Magistrate First Class, Chenani, who vide his order dated 06-12-2003, issued process against Geeta Devi under Section 500 RPC.

3. Geeta Devi, petitioner, has questioned the process issued against her by learned Judicial Magistrate First Class, Chenani. She says that the allegations in the complaint were inherently improbable and that process of the Court had been misused b











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