R.K. Bag, J. - (1.) The petitioners have prayed for quashing of the criminal proceeding of C.R. No. 294 of 2014 pending before the court of learned Judicial Magistrate, Additional Court, Hooghly by preferring this revision under Sec. 482 of the Code of Criminal Procedure, 1973.
(2.) It appears from the materials on record that the opposite party No. 2 filed a petition of complaint before the court of learned Chief Judicial Magistrate, Hooghly against the present petitioners and the said petition of complaint was registered as C.R. No. 294 of 2014. The petitioner No. 1 happens to be the principal of Don Bosco School at Bandel (hereinafter referred to as "the said school"). The petitioner No. 2 happens to be teacher of the said Don Bosco School, Bandel and she was the class teacher of Sec. 'A' of Class VIII of "the said school" at the relevant point of time. The petitioner No. 3 is a member of disciplinary committee of "the said school. The contents of the petition of complaint filed by the opposite party No. 2 disclose that her son was victimised, humiliated and given transfer certificate from "the said school". It is alleged that the petitioner No. 2 inflicted physical and mental torture on the son of the opposite party No. 2 in various ways and on different occasions in order to create pressure to take private tuition from the said teacher. It is further alleged in the said petition of complaint that the opposite party No. 2 and her husband were compelled to admit the allegation made against the son of the opposite party No. 2 under threat of causing damage to the future carrier of their son. It is also alleged in the said petition of complaint that the son of the opposite party No. 2 has been suffering from frustration, depression and various ailments after his admission in a school at Visakhapatnam in Telengana after issuance of transfer certificate in his favour by "the said school" on May 6, 2014.
(3.) Mr. Deep Chaim Kabir, learned counsel appearing on behalf of the petitioners contends that the son of the opposite party No. 2 used the facebook account in the internet for maligning the reputation of the petitioner No. 2 and "the said school". He further submits that the son of the opposite party No. 2 was not amenable to the discipline of "the said school" and violated the guidelines given to the students in the diary issued by "the said school" in favour of the students. He also argues that the conduct and behaviour of the son of the opposite party No. 2 compelled the authorities of the said school to take disciplinary action against him and to issue transfer certificate to the son of the opposite party No. 2 without causing further damage to the carrier of the said student. Mr. Kabir has specifically pointed out from various documents annexed to the revisional application how the opposite party No. 2 and her husband have admitted on various occasions before the authorities of "the said school" about the misconduct and misbehaviour of their son and how they tendered apology and made prayer for continuation of the studies of the son of the opposite party No. 2 in the said school. According to Mr. Kabir, the contents of the petition of complaint do not disclose any offence punishable under Ss. 323/384/506/34 of the Indian Penal Code for which process was issued against the petitioners by learned Magistrate.;