Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the petitioner.
(2.) Petitioner is seeking grant of special leave to appeal under section 378 (4) of the Code of Criminal Procedure, 1973 against the judgment of acquittal dated 6th September, 2017 passed by learned Judicial Magistrate, 1st Class, Dhanbad in Complaint Case No. 517 of 2010/R.R. No. 1564 of 2017, whereby the sole accused/opposite party No. 2 herein sole accused/opposite No. 2 herein has been acquitted of the charges under has been acquitted of the charges under Sections 448/465 of Indian Penal Code.
(3.) Complainant inter alia alleged as follows : Complainant was the President of Millat Academy High School, Jharia while the accused was also resident of Jharia. Accused had been terminated by the Academy for his illegal acts and causing disturbance to the peace and tranquility in the school premises with an intention to commit forgery by inserting his signature in valuable documents such as attendance register of school by force and by terror. It is further alleged that on 4th March, 2010, he illegally entered into the school premises at about 10:30 and forcefully obtained the attendance register of the school and put his signature therein after writing his name. This was an intentional act to commit cheating and forgery without consent of school authority. Headmaster Incharge of Millat Academy High School, Jharia made a written complaint to the Secretary on 5th March, 2010 about his illegal acts. A legal notice dated 8th March, 2010 was dispatched to him on 10th March, 2010 by registered post, but he failed to make any response. He had earlier been appointed illegally by the previous Managing Committee, but his appointment was rejected by Joint Secretary, Human Resources Development Department, Government of Jharkhand through notification No. 3303 dated 13th July, 2002. As a result, his services were terminated vide letter dated 25th November, 2005 by the then Managing Committee. Writ Petition-being W.P. (S) No. 581 of 2010 was filed by Millat Academy High School, Jharia through its President Sajid Hussain/ complainant which was still sub-judice before Jharkhand High Court. It is further alleged that the accused being a teacher terminated from service had intentionally made his signature in attendance register to create a false evidence in his favour. This forgery was committed to create a document for the purpose of cheating. Besides that he administered serious threats to the Secretary and President of Academy on 20th March, 2010. Since, local police station did not offer proper response on being reported, the instant complaint was filed. ;