- (1.) Heard Mr. Shashikant, learned counsel for the petitioner and Mr. V.K. Tiwari, learned counsel for the opposite party No. 2 as also Mr. Shekhar Sinha, learned counsel for the State. In the present criminal miscellaneous petition, the petitioner has challenged the order dated 10.7.2009 passed by learned Additional Chief Judicial Magistrate, Rajmahal in P.C.R. Case No. 79 of 2009 by which cognizance for the offence u/s. 506 of the Indian Penal Code (IPC) has been taken.
(2.) The prosecution story as it appears from the complaint petition which has been instituted by the opposite party No. 2 is that the complainant went to the school and asked for progress about the construction of the school building and also made aspersions that the accused persons had misappropriated Rs. one lakh. The complainant was threatened by the accused persons and the accused Nos. 3 and 4 had also assaulted him by means of fists and slaps.
(3.) Learned counsel for the petitioner has submitted that in fact on 14.2.2009, a case was instituted by the present petitioner against the opposite party No. 2 that he was forcibly disturbing the school and demanding Rs. ten thousand as extortion money. The learned counsel further submitted that the petitioner is the Headmistress as well as the Secretary of the Village Education Committee of upgraded Primary School, Pilghutoo and the present case against her has been instituted as a counter blast to the earlier case which has been instituted by the petitioner. On this score, learned counsel has referred to a judgment in the case of Deo Lakhan Paswan vs. State of Jharkhand & Another, 2012 1 EastCriC 271).;