S.D.BAJAJ, J. - (1.) VISHWAJIT Prabhakar son of Shri Raghunath Dass took the test in Matriculation examination held by the Punjab School Education Board in March 1985. Roll number of the candidate was 367041 and the centre of examination was in S.B.A.C. School Bajwara, tehsil and district Hoshiarpur. Ram Nath petitioner in criminal miscellaneous No. 4295-M of 1989, who is posted as P.T.I. Teacher in Government Middle School, Bichhohi, tehsil and district Hoshiarpur, was one of the Supervisors posted at the Centre.
(2.) SUPERVISOR Ram Nath found the student Vishwajit Prabhakar using unfair means, while taking the matriculation examination at the Centre aforesaid and made a report of it to the Centre Superintendent Suresh Kumar and also the Punjab School Education Board at Mohali. Initially, on July. 10, 1985, the result of the candidate was not declared and it was given out by the Board in the gazette to be a case of unfair means. Raghunath Dass, father of the candidate, met the authorities concerned in the Punjab School Education Board at Mohali, who on his representation declared his son successful in the matriculation examination on December 3, 1985. Both the father and son filed civil suit No. 60 on April 3, 1986(Copy of plaint Annexure P-2) against the Supervisor and the Board for recovery of Rs. 5000/- (Rupees five thousand only) as damages for deflamation and loss to their reputation through wrong declaration of the result by defendant No. 2 on the recommendation of defendant No I on July 10, 1985, which was dismissed by the learned Additional Senior Sub Judge, Hoshiarpur, on November 5, 1988.
(3.) ON the same subject-matter of civil litigation, father of the candidate filed against both the defendants aforesaid criminal complaint, Annexure P. I under sections 182, 427, 500, 504 and 507 of the Indian Penal Code, on December 3, 1985, which was dismissed by the learned trial court on March 25, 1987. In revision, learned Additional Sessions Judge, Hoshiarpur, reversed the order of the learned trial Court and directed it to make, further enquiry and proceed according to law. Defendant No. 2 was discharged by the learned trial Court on October 14, 1987. Defendant No. 1 in the Civil suit Supervisor Ram Nath filed a revision against the summoning order which was dismissed on April 11, 1989. The petitioner has now approached this Court for quashing the complaint dated December 3, 1985, and further proceedings being taken on its basis by the learned trial Court against him on the ground that dismissal of Civil, suit No. 60 on December, 5, 1988, bars it completely.;