Judgment R.N.Sahay, J. 1. By this revision application the petitioner who is an accused along with others in G.R. Case No. 392/90 seeks revision of the order dated 26-8-1993 of the Judicial Magistrate, who rejected the prayer of the petitioner and other accused for their discharge on the ground that there was no prima facie case for trial. 2. G.R. Case No. 1392/90 was registered on the report of the District Education Officer, Patna alleging that the petitioner, who is ex-principal of Angus Girls Primary Teachers Education College, Patna, has been removed forcibly and she is residing in the quarter along with her family members. The complainant-District Education Officer reported that the Training College was a fake college. The allegation in the complaint petition is required to be stated in detail. According to the Report, Angus Womens Primary Teachers Training College, established in the year 1904 and recognized by the State Government, has been running in Lodipur mohalla in the town of Patna. Petitioner and accused Nos. 2 to 5 started Educational Institution in the name of Angus Womens Primary Teachers Training College and a complaint in this regard was made by the Secretary of the college for taking legal action. In due course, the District Magistrate, Patna referred the matter to the Sub-Divisional Magistrate, Patna to initiate action against the accused-persons. The Sub-Divisional Magistrate in turn directed the District Education Officer for lodging First Information Report. The petitioner is accused No. 1. She was dismissed from service but she continued to reside in the said premises of Angus Womens Primary Teachers Training College. After dismissal of petitioner No. 1, Salomi Mundu, who is accused No. 2, was made Acting Principal of the College who was also residing in the campus of the college. The Acting Principal was later suspended as her B.A. Certificate was found to be fake. In a nutshell, the case is that the accused-persons started a fake educational institution pursuant to a conspiracy in the name of Angus Womens Primary Teachers Training College. 3. It may be stated that this Institution was established by Baptist Union of North India. The case of the petitioner is that so far as she is concerned, she was appointed as a Principal of three Institutions by the Baptist Union of North India, namely, Angus Girls Middle School, Angus Girls High School and Angus Girls Primary Teachers Training College. It may be stated that this Institution was established by Baptist Union of North India. The case of the petitioner is that so far as she is concerned, she was appointed as a Principal of three Institutions by the Baptist Union of North India, namely, Angus Girls Middle School, Angus Girls High School and Angus Girls Primary Teachers Training College. All the three institutions were established by the Christian Minority Organisation several years back, and the appointing authority as well as the disciplinary authority of the Principal is Baptist Union of North India and for other teachers is the Managing Committee duly appointed by the Bapitist Union of North India. Copy of the Constitution of Baptist Union of North India is annexed as Annexure-2. 4. Baptist Union of North India having its Head Office at House No. 13, Raj Nivash Marg, New Delhi is a Society formed by Christian Religious Minority Citizens and its registered body. 5. On 28-2-1978 Manohar Das was appointed as Secretary of the School (Annexure-3). On 9-2-1985 Baptist Union of North India dissolved the Managing Committee headed by Manohar Das (Annexure-4). Miss S.J. Mashih, Principal of Baptist Girls School, Gaya was authorised to manage the affairs of the school along with others. She, however, felt difficulty and matter was reported and then Amar Aaron was appointed as Secretary of the School vide Resolution dated 10-5-1985. 6. Later Manohar Das filed Title Suit No. 35/85 in the Court of 3rd Munsif, Patna which was subsequently withdrawn. The said suit was filed against the Baptist Union of North India and others. The dissolution of the Managing Committee of which later Manohar Das was the Secretary and the appointment of the ad hoc Committee of which Amar Aaron is the Secretary was ratified by the General Council of Baptist Union of North India on 9-2-1986. Another Title Suit No. 179/86 was filed which was also withdrawn. The petitioner has urged that Sri B.N. Singh was District Education Officer, Patna for some time and he was in collusion with Late Manohar Das and he used to manufacture papers in support of Manohar Das and his group. Sri B. N. Singh was transferred from the post of district Education Officer, Patna on 10-1-1990 as would appear from Annexure-7. First Information Report was lodged by him on 5th March, 1990 when he was transferred from the post. Sri B. N. Singh was transferred from the post of district Education Officer, Patna on 10-1-1990 as would appear from Annexure-7. First Information Report was lodged by him on 5th March, 1990 when he was transferred from the post. On the basis of said F.I.R., the present case has been instituted. The persons who have been examined have not said anything which can constitute any offence. The witnesses stated that. Sri B.N. Singh had never visited the place of occurrence. 7. The Investigating Officer collected the documents from Miss Mundu who was working as Principal of the Training College since 1982. This was so because the Government directed to appoint a separate Principal of the Training College and, therefore, the petitioner remained principal of Middle School and High School and Miss Mundu was appointed as Principal of Training College, All the materials collected during investigation was placed before the Judicial Magistrate and he rejected the prayer for discharge and passed a sketchy order. On these premises, the petitioner has prayed for setting aside the order of the Magistrate. 8. In this case, a counter-affidavit has been filed on behalf of opposite party No. 4 Sushila Raj. A counter-affidavit has also been filed by J.F. Masih, Secretary of Baptist Union of North India (Opp. Party No. 5). The Secretary has stated that after some time the training college had been suspended as per Government Order. It is further stated that Baptist Union of North India had/has only jurisdiction and power to appoint Secretary/ Principal for the management of its institution including the school in question. Late Manohar Das, who was appointed as Secretary of the Institution was removed in 1985. He filed title suit which was withdrawn in April, 1986. Another title suit was filed by Heads of Institution and an injunction petition was filed with a prayer to restrain the Baptist Union of North India from interfering with the management of the Institution. Injunction was granted against the Secretary but ultimately the injunction order was vacated on 5-8-1992. Thus, since 1986 to 5-8-1992 the Baptist Union of North India remained restrained from managing the affairs of the Institution. The District Education Officer gave a report to the Officer-in-charge, Kotwali through some body for prosecution for running a forged training college. In 1990, the petitioner was not connected with the training college. Thus, since 1986 to 5-8-1992 the Baptist Union of North India remained restrained from managing the affairs of the Institution. The District Education Officer gave a report to the Officer-in-charge, Kotwali through some body for prosecution for running a forged training college. In 1990, the petitioner was not connected with the training college. It is alleged by the Secretary that the entire case has been lodged with mala fide intention with a view to harass the petitioner. 9. Admittedly, no case has been filed by the Baptist Union of North India. At this stage, it would be necessary to refer to certain orders and observations made by a Division Bench of this Court in two writ applications. C.W.J.C. No. 7050/90 was filed by Baptist Union of North India challenging the order of the Bihar School Examination Board by which the Board had indicated its intention to accept fees and forms forwarded by respondent No. 4 for the teachers training examination. The writ petitioner alleged that the Board had interfered with the management of a minority institution. This contention was not accepted by this Court because in the counter-affidavit, the Board had stated that they did not intend to interfere with the management but in view of the internal dispute they had only identified respondent No. 4 to forward the fees and forms for the ensuing examination as a working arrangement. This Court restricted Annexure-1 in its operation as a. working arrangement without conferring any right or status quo the institution. This Court did not accept the objection of Baptist Union of North India that it should be given a free hand to choose and/or identify the person who will forward the fees and forms since Baptist Union of North India has been injuncted by the Court below to maintain status quo. 10. In C.W.J.C. No. 8111 of 1990 was tiled for the same relief for which earlier writ petition was filed and disposed of and following observations were made by this Court in the subsequent writ petition: ...In that order it has been made very clear that, that was an interim arrangement for the examination of the session for which the fees and forms had been forwarded on being recommended by respondent No. 4, but that would not confer any right on respondent No. 4 in future to so act.... By the impugned above order this Court refused to express any opinion as to who has right to act as the Principal of Angus Womens Teachers. Training College. 11 Third writ petition (C.W.J.C. No. 425/91) was filed by four girl students for a direction to the Board to permit them to appear in the Primary Training Examination held by the Bihar School Examination Board. The College in which the petitioners and other girl students were doing their course was run by a management appointed and controlled by the Baptist Union of North India. The girls were appointed by Miss Mundu and their forms and fees were forwarded by Miss Mundu to the Board. The Board, however, refused to accept the forms relating to these girl students forwarded by Miss Mundu and instead accepted another set of 100 forms as relating to the students of this college which had been forwarded by Smt. Sushila Raj, whom the Board had recognised as the Acting Principal of the College Which was challenged in C.W.J.C. No. 7050 of 1990, reference of which has been made in earlier part of the judgment. It is relevant to quote following observation of the Division Bench: It is apparent that the dispute relating to the management and control over the college and the consequent alignments and re-alignments of the concerned parties has led to an attempt to run a parallel college by the same name. In fact, there are materials to show that the District Education Officer, Patna has lodged a First Information Report against Miss Mundu for unauthorisedly trying to run a college under the name and style of Angus Womens Teachers Training College, Lodipur which is not recognised by the State Government. This criminal case, in addition to other criminal cases, are said to be pending against Miss Mundu. Thus, all that can be said for the petitioners is that they are also the victims of the alleged deception by Miss Mundu. This, however, shall not confer any right upon them to appear in the examination held by the Board as bona fide students of the college and no such direction can accordingly by issued. I, therefore, find no merit in this application and the same is accordingly dismissed. This, however, shall not confer any right upon them to appear in the examination held by the Board as bona fide students of the college and no such direction can accordingly by issued. I, therefore, find no merit in this application and the same is accordingly dismissed. This order shows that there is serious dispute between Baptist Union of North India and Bihar School Examination Board with respect to recognition of Sushila Raj as Acting Principal of the college. It is relevant to mention that Miss Mundu is accused No. 2 and a suit was tiled claiming that Miss Mundu was the Principal of the College. 12 Considering the entire facts and circumstances of the case, I am satisfied that the District Education Officer had no authority to file case since he had been transferred and action actuated is malafide. The cognizance has been taken under Secs. 420, 468, 471, 448, 406/34, I.P.C. No person who has been cheated has filed complaint. The other sections are not applicable. There is no evidence that the petitioner was running a fake institution and the entire allegation against Miss Mundu was that she was not legally appointed principal of the institution. The case is supported by Baptist Union of North India. 13. In the result, the revision application is allowed and the order of the Judicial Magistrate, Patna is set aside, and the petitioner is directed to be discharged from the case. Let the Lower Court records be returned to the Court concerned.