- (1.) HEARD learned counsel appearing for the petitioners and learned counsel appearing for the State. This application has been filed for quashing of the entire criminal proceeding of C -1 case no.2685 of 2011 including the order dated 13.2.2012 whereby and whereunder the then Judicial Magistrate, 1st class, Jamshedpur took cognizance of the offence punishable under Section 352 of the Indian Penal Code against the petitioners.
(2.) IN nutshell, the case of the complainant is that she was working as a teacher at Beldih Church School, Jamshedpur and was discharging her duties quite satisfactorily but the school administration was bent upon to remove her from school. Therefore, allegation was imputed against her that since she had inflicted corporal punishments to some of the students of standard IXA, they had become unconscious and as such, they were removed to the Hospital where they were provided with treatment. On such allegation she was asked to submit explanation which she had submitted before the Secretary of the said school but it was not found to be satisfactory and a decision was taken on 30.6.2011 to hold enquiry by the members of the Managing Committee. At the same time, she was put under suspension. The members of the Enquiry Committee did hold enquiry whereby she was found guilty and the matter was published in the newspaper and thereby her dignity was lowered down. On such allegation, a complaint was registered as C -1 case no.2685 of 2011 under Sections 500, 506 and 120(B) of the Indian Penal Code. Thereupon her statement was recorded on solemn affirmation wherein she stated that members of the Enquiry Committee got a letter of apology written and signed by the complainant. The matter was taken up for enquiry during which witnesses were examined.
(3.) AFTER holding enquiry, the court did not find any case being made out under Sections 500, 506 and 120(B) of the Indian Penal Code, rather did find prima face case being made out under Section 352 of the Indian Penal Code and thereby cognizance of the offence was taken, vide order dated 13.2.2012 which is under challenge.;