S K MITTOO Vs. STATE

JUDGEMENT

(1.) In this petition filed under section 482 Criminal Procedure Code. the petitioners-accused who have been summoned to face trial for the offences under sections 193, 211 and 120-B Indian Penal Code by an order dated 11/5/2000 passed by a Metropolitan Magistrate, seek quashing of complaint (Annexure A) filed by respondent No.2-Complainant.

(2.) Submission advanced by Sh. A.K. Singla for petitioners was that (i) taking the allegations in complaint as they are, offence either under section 193 or 211 or 120-B Indian Penal Code was prima facie not made out against the petitioners and (ii) the Metropolitan Magistrate while passing the order dated 11/5/2000 had ignored the provision of section 195(1)(b)(i) Criminal Procedure Code. which creates legal bar to the filing of complaint for said offences by a private party.

(3.) To appreciate the said submission, reference to the allegations made in complaint has become necessary. It is, interalia, alleged therein that National institute of Public Cooperation and Child Development (for short 'Institute') is a Society registered under the Societies Registration Act, XXI of 1860 at Delhi. The Institute is run by its Executive Council through its director. Accused No.1 petitioner No.1 served Memorandum No. VI/III/20/90- Pers dated 27/12/1999 on the complainant falsely alleging that she had been neglecting the assignments and tasks given to her by her superiors and her contribution to the Resource Centre for Children was negligible; Complainant when spoken to by her superiors refused to perform the tasks assigned to her and replied in an inappropriate manner; Accused No.6/ petitioner No.6 advised the complainant to concentrate on,assignments given to her by her superiors and share the work load of Resource Centre for Children but even a month later there was no improvement in her attitude towards work and superiors; Complainant neglected to perform even the routine duties.