SURINDER SINGH, J. - (1.) THIS petition under Section 482 Cr.P.C. Has been preferred by Amar Nath Gupta, Manager, Gandhi Memorial Education Society, Kotkapura (Branch Gandhi Nursery, School, Kotkapura), against Narinder Kumar Bansal respondent, with the prayer for quashing of two orders i.e. one dated February 26, 1986 passed under Section 145(1) Code of Criminal Procedure (Copy Annexure P/6) and the order of the same date passed under Section 146 Code of Criminal Procedure (Copy Annexure P/7) by the Sub Divisional Magistrate, Faridkot.
(2.) A brief resume of the circumstances leading to the present petition is necessary. On May 1, 1985 a Police Report was, made to Sub Divisional Magistrate, Faridkot. An English rendering of the said report is reproduced in para 1 of the petition and its correctness is not disputed. The same runs as follows :- "It is requested that in city of Kotkapura at Faridkot Road, there is one school Gandhi Memorial Educational Society, the President of which is Narinder Kumar Bansal (wrongly stated as Surinder) who is party No. 1. The Manager of this Trust is Shri Amar Nath Gupta who is party No. 2. Shri Amar Nath Gupta wants to remove the Principal of this school Smt. S.K. Bansal who is Principal of this school from last 10-12 years, whereas the "President Sh. Narinder Kumar Bansal does not want that she should be removed. For this dispute the School remained closed on 30.4.1985. On account of this school remaining closed all lady teachers of Gandhi Memorial School want management with regard to expenditure of money, as also facilities of the staff of the school to be vested with Narinder Kumar Bansal and Smt. S.K. Bansal. Whereas Amar Nath Gupta wants to keep in his own hands all powers of giving and taking as also all other powers. For this purpose, the Sub Divisional Magistrate yesterday and today had come to get the matter compromised but both the parties are adamant in refusal. With regard to the powers of management of the school Narinder Kumar claims his right whereas Amar Nath Gupta claims his right. Lady teachers are prepared to die. After seeing no way out I am sending this report for proceedings with regard to Gandhi Memorial Nursery School under Section 145 Cr.P.C. After passing an order under Section 145 Cr.P.C. some high official be appointed as a Receiver and the school be permitted to continue as usual. If these proceedings are not initiated, there can be some occurrence from any of the side and the decision with regard to management be done. In consequence of the above Police Report, the Sub Divisional Magistrate passed a preliminary order under Section 145, Code of Criminal Procedure, on May 1, 1985 copy whereof is Annexure P/1 to the petition. In substance, the Sub Divisional Magistrate observed in the order that from the facts as placed before him. He was unable to satisfy as to which of the parties is the rightful claimant to enjoy the powers of appointment and removal of Principal and other staff and to which of the said party is in possession of the school building. The Sub Divisional Magistrate, therefore, directed the parties to appear before him along with the evidence in support of their respective contentions on August 7, 1985. The matter was contested by the petitioner by filing a written statement to the notice issued to him in this case. In this reply, a specific preliminary objection was taken that proceedings under Section 145, Code of Criminal Procedure, could not be initiated in this case, because there was no dispute of the possession or ownership of the school building which was in possession of the Trustees i.e. the Managing Society. On merits, it was contended that the respondent was out to close down the school, as he had opened another school just in front of the school in dispute. After hearing the parties, the Sub Divisional Magistrate, Faridkot passed an order on May 20, 1985, (P4) in which he observed as follows :- "........I am convicted that the Ist party Narinder Kumar wanted that the school in dispute be closed which is against the tenants, customs and traditions of the civilised society. I, therefore, order that the management of the school be handed over to the trustees or the managing body of the school. The proceedings initiated under section 145, Code of Criminal Procedure, are, therefore, dropped and the possession of the school be given to the managing body. The District Education Officer, Faridkot, who was appointed as receiver, is hereby directed to hand over the record of the school to the managing body. File be consigned in the record room." Sd/- Sub Divisional Magistrate, Faridkot."
(3.) THE respondent carried a Revision Petition against the above order of the Sub Divisional Magistrate which was heard by the Additional Sessions Judge, Faridkot and was disposed of by means of order, dated February 19, 1986, copy whereof has been produced as Annexure P/5 to this petition. The operative part of this order is that the order was passed by the Sub Divisional Magistrate was set aside and the case was sent back to the said Officer with the direction to proceed in the matter according to law.;