Law:

Section:

(a) Criminal Procedure Code (V of 1898)---.--- ---.--- S. 561 A---.---Penal Code (XLV of 1860); Ss.153 B, 166, 499, 500, 504 & 506---.---Quashing of proceedings---.---Application for---.---Allegations levelled by the complainant against the applicant/accused in complaint were that the minor, children of the complainant who were studying in school, were made to attend a peace rally according to the policy of Government which rally was arranged under the orders of the applicant/accused who at the relevant time was serving as District Education Officer---.---Notice was served by the complainant on the applicant which was replied by the applicant---.---Further allegation was that the complainant who was enjoying good reputation, respect and honour in the town, had been defamed by the applicant by certain comments made by the applicant in his reply given by him in response to legal notice of the complainant---.---No allegation existed in complaint against the applicant that he had induced the students to take part in any kind of political activity---.---Contents of the complainant had revealed that no intentional insult had been caused to the complainant and there was also no criminal intimidation on the part of the applicant---.---Trial Magistrate took cognizance under provisions of P.P.C. which were incorporated by the complainant in his complaint without determining the applicability of the said provisions---.---No allegation existed in the reply of the notice which could constitute the offence under Ss. 499 & 500, P.P.C and there was absolutely no insult, threat or abuse whatsoever in order to constitute any offence under Ss.504 & 506, P.P.C.---.---Other provisions had also been misapplied ¬Prosecution having proved to be motivated by malice and the Magistrate having acted in unlawful manner and in colourable exercise of powers, proceedings against the applicant/accused were quashed, in circumstances. (b) Criminal Procedure Code (V of 1898)---.---- ---.--- S. 200---.---Examination of complainant---.---Object---.---Main object of S. 200, Cr.P.C. dealing with examination of the complainant was to protect the public from false, frivolous and vexatious…

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