The main legal point established is the requirement of medical evidence, the necessity of obtaining sanction under section 197 of the Criminal Procedure Code, and the doubt cast on the complainant's case due to delay and lack of supporting evidence.

ORDER :

The applicant has preferred the present petition under section 482 of the Code of Criminal Procedure to quash the proceedings of Complaint Case No. 646/2012 registered against him by the Judicial Magistrate First Class, Ashok Nagar (M.P.), vide order dated 23-5-2012.

2. The facts of the case, in short, are that complainant/respondent No. 2 was preparing for his competitive examinations at his house situated at Ashok Nagar. He was an advocate by profession. Accused No. 1, 2 and 3, namely, Jayesh Josh, Jehran Josh and Manoj Khare @ Kale were the teachers who had objection that complainant was teaching various girls. The accused persons abused him on several occasions and therefore the complainant lodged a complaint to the police against them. On 27-2-2010, the applicant and the aforesaid accused persons visited the house of the complainant and asked about him. Thereafter, the applicant abused and assaulted Smt. Lata and Ms. Chhaya i.e. mother and sister of the complainant respectively. The applicant instructed the family members of the complainant to send him to the police station. At about 10:15 am when the complainant reached his house he went to the police station along with his father. Then the applicant called the other accused persons on phone and all the accused persons assaulted the complainant and he was detained in the lock up. When father of the complainant tried to save him then he was also beaten by the accused persons. Mobile phone of the complainant was also taken. When the complainant prayed to file the complaint, then an FIR under section 155 of Criminal Procedure Code was only registered. Ultimately, after getting bail, the complainant lodged a criminal complaint against all of the accused persons including the applicant. The complainant in his favour examined himself i.e. Satyendra Jain and his family members or friends, namely, Kailash Chand Jain, Hemant Kumar Jain, Smt. Lata Jain, Nitesh Jain, Sudheer Gupta and Arun Sharma under sections 200 and 202 of Criminal Procedure Code. He also filed a copy of the complaint sent to the various officers of police. Thereafter, vide order dated 23-5-2012, the Magistrate registered a criminal complaint against various accused persons including the present applicant for offence under sections 452, 504 and 323 of Indian Penal Code.

3. In the present matter, notices were issued to respondent No. 2 and he was represented but when the case was repeatedly listed for final hearing, respondent No. 2 did not appear before the Court either in person or with the help of any advocate to argue the matter.

4. I have heard the learned counsel for the parties.

5. First of all, the learned counsel for the applicant has submitted that he has filed the copy of the charge-sheet to show that on the FIR lodged by Jayesh Josh a case was registered for offence under sections 294, 506-B and 327 of Indian Penal Code and the complainant was arrested and at the time of arrest his mobile phone was seized. Seizure was shown in the seizure memo filed in that case. Jayesh Josh had lodged the FIR that complainant was giving threat on phone demanding a sum of Rs. 10,000/- per month from him. He gave the mobile phone number by which he had received 50-60 calls about that threat and therefore, during investigation that mobile phone was seized. Thereafter, the complainant cooked a story with the help of his relatives and friends and lodged a false complaint.

6. After considering the submissions made by the learned counsel for the applicant, it is apparent that alleged incident took place on 27-2-2010 and according to the complainant he was released on bail within 2-3 days. It is pleaded by the complainant that he was produced before the Magistrate initially, however, being an advocate he was aware of the proceedings of law and therefore he could have told that he was beaten by the applicant in the police station and other accused persons were also permitted to beat him but there is no copy of the order or