AKHAURI RAMESH CHANDRA SINHA Vs. THE STATE OF BIHAR AND DEVENDRA PD. SRIVASTAVA

JUDGEMENT

(1.) By this revision application a prayer has been made to quash the proceedings of G.R. No. 365/68 T.R. No. 767/1970 pending in the Court of Sri I.D. Ram, Judicial Magistrate 1st Class, Patna. Since the 2nd May, 1967, Devendra Prasad Srivastava, opposite party no. 2, was an accountant of the Anugrah Seva Sadan (hereinafter to be referred to as Sadan). Under the terms of his appointment he was occupying rent free quarters provided to him by the Sadan. His services were terminated with effect from 1.8.1968. Accordingly on 19.8.1968 he filed Title Suit No. 200 of 1968 for a declaration that his appointment could not be terminated and also prayed for an injunction restraining the opposite party from terminating his appointment and relieving him of his duty and from making him to vacate the quarters occupied by him. His prayer of injunction was granted, on the same day i.e. 19.9.1968. On appeal, however, it was vacated on 17.6.1970.

(2.) Meanwhile some occurrence took place on 8.10.1968 for which Devendra Pd. Srivastava lodged a first information report on 9.10.1968, It was alleged therein that he had to undergo an operation of his prostate gland in July, 1968 and while he was lying on sick bed he was discharged from his service with effect from 1.8.1968. He was away from the quarters on 8.10.1968 and when he went there next morning he found that some persons of the Sadan had broken his tiger lock and had forcibly entered into his quarters. The Secretary of the Sadan had previously administered a threat to him that if he did not vacate the quarters possession will be taken, and Devendra Prasad Srivastava complained that it was the outcome of this threat that men of the Sadan had forcibly entered into his quarters. Since the civil court was closed those days he could not approach it for violation of the injunction, order which was in force and accordingly he approached the police. This first information report was lodged against Narain Chandra Laheri, the Secretary of the Sadan. The police submitted charge -sheet against the petitioner Akhauri Ramesh Chandra Sinha another employee of the Sadan. The trial of the case is proceeding in the Court of Sri I.D. Ram in which one prosecution witness has been examined.

(3.) Before the trying Magistrate, on 8.8.1970 a petition was filed on behalf of the accused -petitioner, Akhauri Ramesh Chandra Sinha, praying that the case proceeding against him should be dropped. The learned Magistrate rejected the prayer and said that there was sufficient ground to proceed against the petitioner for an offence under Sec. 448 of the Indian Penal Code. Hence this application.