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1999 DIGILAW 1101 (PAT)

Prabhakar Jha v. State of Bihar

1999-10-12

S.K.KATRIAR

body1999
JUDGMENT S.K. KATRIAR, J.:- This application for and on behalf of four accused petitioners under the inherent power of this Court is directed against the order dated 27.1.94, passed by Shri R.N. Singh, Chief Judicial Magistrate, Dumka, in CR Case No 953/92 Saraiyahati (Hansdiha) PS Case No. 88/92. whereby cognizance has been taken of the alleged offences under sections 302, 149, 380, 436, 120B, 139, 148 and 147 IPC, against the petitioners and they have been summoned to stand their trial. 2. According to the allegations in the FIR which was lodged by O.P.No.2 herein (i.e. Shiva Kant Dwivedi), he was at the relevant point of time the Principal of Jawahar Navodaya Vidyalaya. Hansdiha, Dumka. The students went on a rampage against the misdeeds of the complainant. They had attacked the residence of opposite party no.2 (the complainant), and damaged his properties. According to the further allegations the petitioners herein and others are teachers and clerical staff of the school in question and are said to have taken an active part with respect to the alleged occurrence. A copy of the FIR dated 22.9.92 is Annexure 2 to the quashing petition. The same was registered as Saraiyahat (Hansdiha) PS Case No. 88/92, dated 28.2.92. The matter was investigated by the police and cognizance was ultimately taken by the impugned order. 3. While assailing the validity of the impugned order of cognizance, learned counsel for the petitioners submitted that FIR makes very general, omnibus, and vague allegations against the petitioners of taking interest in the matter. The tenor of the entire FIR is that it were really the students of the school who had gone on a rampage against the misdeeds of O.P.No.2 herein. His misdeeds are clearly stated in a reasonable detail in two complaint petitions marked Annexures 1 and 1/1. The former is dated 10.11.89. signed by 27 girl students of the school, actually residing in the hostel of the school in question. It alleges that O.P. No.2 (Shiva Kant Dwivedi) is a person of dubious character and had been trying to entice the residents of the girls hostel of the school. The latter is also dated 10.11.89 under the signature of 11 teachers of the school in question making similar allegations against O.P. No.2 of making efforts to entice the girls of the school in question. The latter is also dated 10.11.89 under the signature of 11 teachers of the school in question making similar allegations against O.P. No.2 of making efforts to entice the girls of the school in question. It also alleges that O.P. No.2 has illicit relation with a lady employee of the school. Counsel further submits that the authorities had conducted a departmental proceeding against the petitioners with respect to the allegations which are subject matter of the present FIR and were completely exonerated. 4. Learned counsel for O.P. No.2 has made his own submissions. 5. Mr. J.P. Karn, Sr. SCCG, has filed a counter affidavit stating that the authorities had conducted a preliminary enquiry into the aforesaid allegations as per the complaint petitions marked Annexure 1 and 1/1 and the authorities, prima facie, were not satisfied about the allegations made therein and, therefore, the matter was dropped. He has further submitted that the present application is fit to be allowed. 6. Having considered the rival submissions of the parties, I am of the view that this quashing petition has to be allowed, Learned counsel for the petitioners is right in his submission that omnibus and vague allegation has been made against the petitioners who are teachers/clerical staff of the school in question. The entire tenor of the FIR is that the acts of vandalism were really perpetrated by the students who are not petitioners before me. 7. Before I conclude this case, I record my strong sense of uneasiness and displeasure with regard to the pernicious attitude of O.P.No.2. an a perusal of the records, O.P. No.2 appears to be a dubious person, and is not fit to be kept in an educational institution, particularly in a girls school. I equally record with regret that in so far as the complaint petitions dated 10.11.89 (Annexures 1 and 1/1 to the quashing petition) are concerned, the authorities made a show of a preliminary enquiry in the allegations. The matter was too serious to be dropped. The authorities have failed in their duties. There appears to be an attempt to cover-up the reprehensible conduct of O.P. No.2. The respondent authorities are hereby directed not to post O.P.No.2 (Shiva Kant Dwivedi) in any educational institution where girls are admitted for education O.P. No. 2 should be ashamed of the way he has been behaving. 8. The authorities have failed in their duties. There appears to be an attempt to cover-up the reprehensible conduct of O.P. No.2. The respondent authorities are hereby directed not to post O.P.No.2 (Shiva Kant Dwivedi) in any educational institution where girls are admitted for education O.P. No. 2 should be ashamed of the way he has been behaving. 8. In the result, this quashing petition is allowed, the impugned order dated 27.1.94 in GR Case No. 953/92/Saraiyahat (Hansdiha) PS Case No. 88/92, is hereby set aside, and the entire prosecution is hereby quashed. Let it be recorded, as has already been done in the order dated 28.9.99, that personal appearance of O.P.No.2 before this Court shall not be treated as on official duty. 9. Let a copy of the judgment be handed over to Mr. J.P. Karn, SCCG who will forward the same to the authorities of the school who, in turn, shall circulate the same amongst all concerned, and a copy of the same will be displayed on the notice board of the school where O.P. No.2 (Shiva Kant Dwivedi), is posted.