HARI SHANKAR PRASAD, J. - (1.) THIS application under Section 482, Cr PC has been filed for quashing the entire criminal proceedings including order dated 19.7.1999 passed in Complaint Case No. 169/1999, whereby and whereunder the learned Judicial Magistrate, 1st Class, Ranchi took cognizance against the petitioner under Sections 153 -A, 504 and 506, IPC.
(2.) FACTS leading to the filing of the application are that the complainant - opposite party No. 2 lodged a complaint alleging, inter alia, therein that he was the Principal of Ranchi College, Ranchi and he was transferred from Ranchi College to J.N. College, Dhurwa, Ranchi by the petitioner, who, at the relevant point of time, was acting as Vice Chancellor. It is alleged that the said transfer has been done in an illegal manner. Further allegations are that at the instance of petitioner, a letter was issued by the Registrar of Ranchi University asking the complainant -opposite party No. 2 to show his 10th class certificate to establish his date of birth and that letter was also issued at the instance of the petitioner. It is also alleged that a news item was published in the news paper "Prabhat Khabar" at the instance of the petitioner in relation to the aforesaid date of birth of the complainant just to harass and down grade the prestige of the complainant -opposite party No. 2. The case was transferred to the Court of Sri R.S. Sinha, Judicial Magistrate, 1st Class, Ranchi, where three witnesses were examined under Section 202, Cr PC and cognizance under Sections 153 -A, 504 and 506, IPC was taken. Notice was issued to the complainant opposite party No. 2 and the same was received and even opposite party No. 2 appeared through learned counsel Sri P.C. Tripathy on the first day of hearing but on subsequent date he did not appear.
(3.) LEARNED counsel appearing for the petitioner submitted that as per complaint petition, the petitioner was acting as Vice Chancellor of the university and from admission of the complainant opposite party No. 2, it appears that the he was transferred from the post of Principal, Ranchi College to the post of Principal, J.N. College, Dhurwa, Ranchi and complainant -opposite party No. 2 has failed to point out whether his transfer was within the competence of the petitioner or not and the petitioner had issued his transfer order without any authority.;