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High CourtsSingle Bench(2009) 02 P&H CK 0039

Chuhar Singh and Another vs State of Punjab and Another

Punjab And Haryana At Chandigarh · Decided on 11 February 2009

HON’BLE JUDGES
Kanwaljit Singh Ahluwalia, J

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Judgment

7 paragraphs · 358 words

Kanwaljit Singh Ahluwalia, J.—Avtar Singh son of Gurchain Singh had instituted a complaint u/s 181, 182, 191, 193, 211, 500, 120B and 34 IPC against Chuhar Singh, Nanak Chand and Pritam Singh.

2.

Present revision petition has been filed by Chuhar Singh and Pritam Singh. This revision petition was dismissed qua petitioner No. 2 Pritam Singh. Chuhar Singh had not appeared as a witness, therefore, this petition was admitted qua him and he was ordered to be released on bail.

3.

Trial Court had convicted Chuhar Singh and Pritam Singh to undergo rigorous imprisonment for two months and to pay fine of Rs. 500/-, in default of payment of fine to undergo rigorous imprisonment for 15 days. The appeal preferred by the petitioner was also dismissed on merits. It is not disputed that Pritam Singh had appeared in the Court and had testified against the complainant and his statement was defamatory to complainant Avtar Singh.

4.

Avtar Singh was tried in a criminal complaint u/s 379, 453 and 149 IPC. This complaint was instituted by accused Chuhar Singh whereas Nanak Chand and Pritam Singh had appeared as witnesses. Since a written complaint was also filed at the instance of Chuhar Singh, his case cannot be differentiated from the case of Pritam Singh, qua whom the revision petition has been dismissed.

5.

Counsel for the petitioners has very fairly stated that he will not contest the petition on merits and prays that petitioner be released on probation.

6.

Taking into consideration the fact that the defamatory statement was made on 24th January, 1994 and petitioner has been convicted and sentenced for offence of defamation to undergo two months rigorous imprisonment, I am of the view that no justification is made out to send the petitioners behind the bars after lapse of 15 years. Accordingly, petitioner Chuhar Singh is ordered to be released on probation, subject to his furnishing requisite bonds before the Area Judicial Magistrate that he shall maintain good conduct and peace for a period of six months. Area Judicial Magistrate shall call upon Chuhar Singh to furnish necessary bonds.

7.

Accordingly, the present petition is disposed off.