Madan Lal Khurana vs State and Another

R.S. Sodhi, J.—This petition is directed against the order dated 13th October, 1997 in complaint 10/1 dated 7th May, 1997, whereby the learned Magistrate on complaint made u/s 500, IPC has issued summons to the petitioner Shri Madan Lal Khurana.

Nobody was present for the complainant on 7th May, 2003, 1st August, 2003, 22nd October, 2003 and 9th January, 2004, even today nobody is representing the complainant.

It is contended by learned Counsel for the petitioner that the complaint does not disclose a cause of action and also that the complaint is fictitious, malicious, inherently improbable and not trustworthy and does not inspire confidence.

Having heard learned Counsel for the petitioner, I am of the view that Article 361 of the Constitution of India prohibits any Criminal Proceedings whatsoever to be instituted or continued against the President or the Governor of the State in any Court during his term of office. The petitioner herein is the Governor of the State of Rajasthan and Therefore the present proceedings against him cannot go on.

In that view of the matter, I allow this petition and quash the complaint u/s 500, IPC titled as Sudesh Manchanda v. Madan Lal Khurana, pending in the Court of CMM, Delhi as also the orders dated 13th October, 1997 and 18th February, 1999.

Crl. M.C. 2072 of 1999 is accordingly allowed and disposed of.

Crl. M.A. 6091/1999 also stands disposed of.