- (1.) K. N. Ojha, J. This writ petition has been filed under Article 226 of the Constitution of India for issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 17-12-2003 passed by Special Judge (EC Act)/additional Sessions Judge, Jaunpur (Annexure No. 1 to the writ petition) and order dated 4-9-1997 passed by Chief Judicial Magistrate, I, Jaunpur, (Annexure No. 2 to the petition ).
(2.) HEARD Sri Vijay Kumar Rai, learned counsel for the petitioner and learned AGA. Notice was sent to the O. P. No. 3, Gajendra Bhatnagar. Sri S. S. Yadav and Sri R. S. Yadav who filed their power for him, but no argument was advanced by them. According to Smt. Vimla Keshri, petitioner, O. P. No. 3, Gajendra Bhatnagar, filed a complaint on 5-7- 1990 against the petitioner under Sections 323, 504, 506 I. P. C. in the Court of Additional Chief Judicial Magistrate, I, Jaunpur, for alleged incident dated 28-12-1988 (which is at Annexure No. 3 to the petition ). Statement of O. P. No. 3 Gajendra Bhatnagar recorded under Section 200 Cr. P. C. is at Annexure No. 4 to the petition. Gajendra Bhatnagar examined PW 1 Sarjoo Prasad under Section 202 Cr. P. C. The Additional Chief Judicial Magistrate after perusal of evidence under Sections 200 & 202 Cr. P. C. dismissed the complaint filed by respondent No. 3, Gajendra Bhatnagar, holding that Gajendra Bhatnagar had himself beaten the petitioner Smt. Vimla Keshari and Smt. Vimla Keshari had also beaten Gajendra Bhatnagar. Inquiry was held by the Sub-Divisional Magistrate to this effect. The complaint being dismissed, Gajendra Bhatnagar filed Revision No. 151 of 1991 against the order dated 25-7-1991 passed by A. C. J. M. I, Jaunpur. The Sessions Judge allowed the revision on 3-1-1992 without hearing the petitioner. The order dated 3-1-1992 passed by Sessions Judge is at Annexure No. 6 to the petition. After the revision was allowed a case was again registered before the Additional Chief Judicial Magistrate, Jaunpur. The Additional Chief Judicial Magistrate V considered the matter and dismissed the complaint on 11-2-1994 on the ground that in spite of sufficient opportunity being given no evidence was adduced by Gajendra Bhatnagar and, therefore, Smt. Vimla Keshari was discharged from Sections 323, 504, 506 I. P. C. A true copy of the discharge order is at Annexure No. 7 to the petition. Gajendra Bhatnagar again filed revision No. 99 of 1994 and the Additional Sessions Judge III, Jaunpur, dismissed the revision holding that the order passed by the Additional Chief Judicial Magistrate V dated 11-2-1994 was valid. The order of the Additional Sessions Judge III is at Annexure No. 8 to the petition. Thereafter Gajendra Bhatnagar lodged second complaint on 27-8-1996 on the same facts mentioned in the complaint dated 5-7-1990 under Sections 323, 504, 506 I. P. C. , a true copy of which is at Annexure No. 9 to the writ petition. Additional Chief Judicial Magistrate directed to proceed with the case without caring for earlier order dismissing the complaint for want of evidence. The order passed by the Additional Chief Judicial Magistrate V is at Annexure No. 2 to the petition. The petitioner filed Revision No. 45 of 1998 to set aside the order dated 4-9- 1997, but the Special Judge (EC Act)/addl. Sessions Judge, Jaunpur, dismissed the revision of the petitioner vide order dated 17-12-2003, which is at Annexure No. 1 to the writ petition.
(3.) IT is alleged that Smt. Vimla Keshari was working as Assistant Teacher in Primary School, Mandiyahun, Jaunpur. The respondent Gajendra Bhatnagar was also working on the same post in the same school. IT is submitted that once the complaint was dismissed under Section 245 (2) Cr. P. C. and Smt. Vimla Keshari was discharged from the offence, how it is not open to prosecute her again in respect of the same offence. IT is further alleged that Smt. Vimla Keshari also made complaint against the respondent Gajendra Bhatnagar. Sub-Divisional Magistrate, K. D. Ram, made inquiry and found that both had beaten each other, therefore, no action was required. The report dated 27-1-1989 was submitted by K. D. Ram, Sub-Divisional Magistrate, Mandiyahun, to the District Magistrate, Jaunpur, to the effect that examination of students was to be held in Primary School, Mandiyahun, on 28-12-1988. Gajendra Bhatnagar made arrangement for sitting of students in one line irrespective of boy and girl students, while Smt. Vimala Keshari, who was a teacher in the same school insisted that girl students should appear in one line and boy students had to appear in another line. She insisted that there should be separate lines for boys and girls students. Dispute took place and consequently both made complaint against each other. On inquiry the Sub-Divisional Magistrate held that this occurrence had brought disrepute to the school and therefore, he recommended for transfer of both the teachers from the school so that peaceful atmosphere in the school could be maintained.;