P N PARTHASARTHY Vs. G K SRINIVASA RAO

JUDGEMENT

(1.) The petitioners have challenged the legality and propriety of the order passed by the learned VII Addl., Chief Metropolitan Magistrate in CC No. 17311/1993 on 18-11-1993 issuing process against them for the offences under Section 467, 472, 473 IPC. Petitioners have prayed for setting aside the said order and for quashing the proceedings before the learned Magistrate.

(2.) Facts giving rise to the present revision petition are as under :- The respondent filed a private complaint against the petitioners and two others under Section 200 Cr. P.C. for various offences under Sections 339, 406, 379, 464, 472, 473 and 323 IPC. The complaint was referred to the Police for investigation under Section 156(3) Cr. P.C. The Police filed B-Report. The respondent protested against the same and led evidence. On the basis of the complaint averments, respondents evidence both oral and documentary, the learned Magistrate passed the order on 18-11-1993 registering the case against the petitioners for the offences under Sections 467, 472 and 473 IPC.

(3.) The allegations in the complaint are as under - The respondent is a life member of Sri Lakshmi Vidyalaya registered under the Karnataka Societies Registration Act. The said society runs and Upgraded Primary School, at Kumara Park West, Bangalore and a Teacher Training Institute in Bangarpet since 1964 onwards. The object of the society is the propagation of the education. Petitioner No. 2 was the Honorary Secretary. Being aided and abetted by other petitioners she set up a hostile attitude towards the management and the management gave her option to continue either as a secretary of the institution or as paid teacher. She opted to continue as Head Mistress of Primary School and therefore she had no voice in the managing body of the society. The material allegations in the complaint are found in the paragraphs 4 and 5 and they read as under :-