- (1.) BARKAT Ali Zaidi, J. In this application under Section 482 Cr. P. C. the applicant who was, at the time of occurrence, Principal of Kendriya Vidayalaya, Mathura and has since been transferred to Bombay, seeks to quash the charge- sheet filed against her by police station Sadar Bazar, Mathura.
(2.) THE facts which gave rise to submission of charge-sheet by the police are that on 19-4-2003 the complainant, who is a disabled lady teacher in the institution, was called by the applicant Principal to her office where she was assaulted and thrashed by the applicant resulting in injuries to her person. She got her injuries examined at District Hospital the same evening and the report of the examining doctor about the injuries is as follows: "injuries: (1) C/o Pain in both sides of the neck and difficulty in taking food and liquid. No. external mark of injury seen. (2) Abraded contusion 03 x 02 cm. on the back of Lt. Fore-arm distal part C/o pain and tenderness. (3) C/o Pain in the Lt. Hip joint. No external mark of injury seen. (4) C/o pain in the Rt. Side Foot. No external mark of injury seen. (5) Contusion 0. 3 x 0. 2 cm. on the distal 1/3rd part of the Rt. Fore-arm C/o pain. Opinion.-Injury Nos. (2) and (5) are caused by hard and blunt object and friction fresh in nature, about 6 to 8 hrs. old. No opinion can be given regarding rest of the injuries. R. T. I. of Smt. Indira Sharma. " Thereafter an F. I. R. was registered at police station Sadar Bazar, Mathura at 11. 30 in the night which is on record. Investigation followed and the Investigation Officer recorded the statements of the witnesses and there are witnesses who said in their statements before the Investigation Officer that they heard cries and shrieks from inside the room at the time of occurrence. The peon through whom the complainant was called to the Principal's room also testified to the fact of her being called through him though he subsequently gave an affidavit denying the same. The existence of ill-will between the applicant and the complainant is apparent because the Principal was dis-satisfied with the work of the complainant, and had issued many memos about the fact of her being non-punctual, writing private letters in her class room, and not exercising effective control over the students in the class. She is also reported to have given evidence against the Principal in a case against the Principal applicant cutting green trees under the Green Trees Protection Act.
(3.) IT will be seen that the matter has not yet been examined at the trial Court's level. No application under Section 227 Cr. P. C. was given by the applicant before the trial Court and the trial Court has not examined the matter in order to decide whether proceedings will continue against the accused or not? The applicant has come running straight to the High Court by-passing the trial Court altogether which is a wholly unwholesome practice and needs to be discouraged. That alone provides justifiable ground for rejection of the application. There is on record the Education Officer's report which does not support the happening of the incident which is an important feature to indicate the baseless character of the incident. All these, features need to be examined by the trial Court first and it is for him to decide whether a prima facie case is made out and whether the case is fit to be proceeded with.;