JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the entire criminal proceeding including the order taking cognizance dated 07.07.2017 by which the learned Judicial Magistrate, Deoghar has issued summon against the petitioner for facing the trial involving the offence punishable under Section 504 of the Indian Penal Code in connection with P.C.R. Case No. 107 of 2016.

3. The brief fact of the case is that the petitioner is the Human Resource Manager of Dabur India Limited, Solan, in the state of Himachal Pradesh. The complainant-opposite party no. 2 was an employee under the said company and he was dismissed from his services as he became a habitual absentee. It is alleged that the petitioner over phone told the complainant-opposite party no. 2 to be a Jungali Adiwasi. The learned Magistrate, considering the complaint, statement under solemn affirmation of the complainant and the statement of the inquiry witnesses found prima facie case for the offence punishable under Section 504 of the Indian Penal Code and took cognizance for the sa