KAMLAPATI TRIVEDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is filed by special leave by Kamlapati Trivedi against the judgment of the Calcutta High Court in Criminal Revision No. 1006 of 1970 by which it refused to quash the proceedings which were taken cognizance of by the Magistrate, on a complaint given by one Satya Narayan Pathak.

(2.) Satya Narayan Pathak is the Secretary of Bharatiya Primary School in Howrah. The appellant before us, Kamlapati Trivedi, was a Head Teacher of the Bharatiya Primary School. On 18th April, 1970 Satya Narayan Pathak served a Notice on the appellant calling upon him to show cause why he should not be found guilty of negligence of duty. On receipt of the Notice, the appellant attempted to remove certain records from the school but he was prevented. On the same day, that is, on 18th April, 1970 the appellant complained in writing to the Officer In-charge of Bally Police Station, Howrah at 21.40 hours that Satya Narayan Pathak and others criminally trespassed, assaulted and abused him in filthy language and committed theft of money and valuable documents of the school. The Police treating the complaint of the appellant as First Information Report took cognizance of an offence under Sections 147, 448 and 379, I.P.C. and registered it. A warrant of arrest was issued against Satya Narayan Pathak and others. Satya Narayan Pathak attended the Court on 21-5-1970 and 21-7-1970 the dates fixed for submission of the Police report. The Police Officer who investigated the case on finding no evidence against Satya Narayan Pathak and others names as accused, submitted a final report and the Magistrate agreeing with the report discharged all the accused.

(3.) As Satya Narayan Pathak felt that the appellant instituted criminal proceedings with intent to cause injury to him and others, for offences under Sections 147, 448 and 379 knowing that there was no just or lawful ground and had caused pecuniary loss and agony to him, he preferred a complaint against the appellant for offences under Ss. 211 and 182 of the I.P.C. on 20th October, 1970. The learned Magistrate took cognizance of the case and summoned the appellant under Section 211 of the Indian Penal Code, fixing 10th December, 1970 for appearance of the appellant. On 16th November, 1970 the appellant appeared in court and was released on bail. The appellant moved the High Court of Calcutta for quashing the proceeding by the Magistrate on the ground that the cognizance taken by the Magistrate was bad and without jurisdiction for noncompliance of the provisions of Sec. 195 (1) (b) of Criminal Procedure Code. The learned Judge refused to quash the proceedings and discharge the accused, by judgment dated 18th Aug., 1971.Against the order of the single judge of the High court, the present appeal to this Court has been filed.