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TMI Blog2011 (9) TMI 785X X X X Extracts X X X X X X X X Extracts X X X X ..... aint by the officials themselves - In case the criminal proceedings are allowed to continue, then in every case of raid or seizure it would be difficult for an official to perform his duty fearlessly - Petitions are allowed - - - - - Dated:- 5-9-2011 - Sabina, J. REPRESENTED BY : Shri Jagmohan Bansal, Advocate, for the Petitioner. Shri Vikram Chaudhary, Advocate, for the Respondent. [Order]. Vide this order the above mentioned two petitions will be disposed of as the petitioners have sought quashing of the criminal complaint No. 394-I dated 9-4-2002 under Sections 109, 112, 383, 384, 499, 500, 501, 506 read with Section 120-B of the Indian Penal Code, 1860 (IPC for short). 2. Learned counsel for the petitioners has su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l for the respondents, on the other hand, has submitted that the officials had got the news item published against the complainant with a view to defame him. The detention order passed under the COFEPOSA had been set aside by this Court. Petitioner John Joseph had demanded a sum of ₹ 25,00,000/- for saving the complainant from the detention order and had pressurised him to withdraw the criminal complaint at Ludhiana. However, the complainant had refused to pay the said amount. The detention order was got published in the news paper. 4. After hearing learned counsel for the parties, I am of the opinion that the instant petitions deserve to be allowed. 5. Press note dated 30-8-2000 (Annexure P-5) reads as under :- Whereas the Joi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alty of ₹ 1,00,000/- was imposed on the complainant. Admittedly, the matter qua over valuation of the goods was upheld up to the Apex Court. The complainant was also sought to be summoned qua order of detention passed under the COFEPOSA. However, the said detention order was set aside by this Court in a petition filed by the complainant. It is not a case where any publication had been made qua the detention order without there been any such order. Although the detention order had been set aside by this Court but the authorities had passed the detention order against the complainant under the COFEPOSA. The officials were acting in discharge of their official duty and had passed the detention order in good faith. 7. The allegations th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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