ONKAR SHUKLA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS petition under Section 482 Code of Criminal Procedure has been preferred by the Petitioner, who is facing the trial in criminal case No. 871/1999 (new No. 3571/2004), Shiv Prasad Mishra v. Onkar Shukla, under Section 500 I.P.C. pending before Chief Judicial Magistrate Udham Singh Nagar, has challenged the order dated 26 -10 -2004 passed by the Sessions Judge U.S. Nagar in Criminal Revision No. 52/2003, thereby directing the Judicial Magistrate to decide the matter on merit and in accordance with law. The Learned Sessions Judge while allowing the revision, set aside the order dated 18 -9 -2003 passed by Judicial Magistrate, by which the Learned Magistrate has dismissed the complaint and set aside the summoning order dated 10 -5 -1999.

(2.) BRIEF facts of the case are that complainant Shiv Prasad Mishra, was posted as Principal in the Junior High School Mohanpur No. 2, Gadarpur, P.S. Rudrapur, District Udham Singh Nagar. On 4 -1 -1999 the Petitioner, who was posted as Basic Siksha Adhikari inspected the school and found that the teachers were not imparting the education to the students property. When certain questions were asked to the students by the Petitioner, no satisfactory replies were given by the students. It is alleged in the complaint that the Petitioner being Basic Siksa Adhikari insulted the teachers before the students with the utterance of words that -

(3.) THE complainant thereafter filed a revision and the Sessions Judge vide judgment and order dated 26 -10 -2004 allowed the "revision and set aside the order dated 18 -9 -2003 passed by the Learned Judicial Magistrate. The Learned Sessions Judge also directed that the Magistrate concerned shall decide the case on merit and in accordance with law.