(1.) THIS application under Section 482 of the Code of Criminal Procedure has been filed by the applicant Smt. Usha Sahrawat, who is the Principal of Kanya Kalyan Gurukul Shiksha Sansthan Inter College, Bhainswal, Muzaffarnagar, (hereinafter called the institution) against the order dated 20 -5 -2002 passed by the Chief Judicial Magistrate, Muzaffarnagar, whereby the learned Magistrate has summoned the applicant in criminal case No. 1700/9 of 2002 on the basis of the complaint filed by Yashpal Singh, the ex -Manager of the institution.
(2.) THE allegations in the complaint dated 19 -3 -2002 were that one teacher Km. Shimla had filed a writ petition No. 11463 of 1992 before the Hon'ble High Court, which was decided in her favour on 29 -9 -1994 on the footing that Km. Shimla was working without any break since 2 -3 -1988 as an L.T. grade teacher. In that case the complainant claimed that he was also made a party and he had filed a counter -affidavit on the basis of true facts and the documents shown by the Principal, i.e. the applicant. The applicant is said to have written a letter on 9 -1 -2002 to the Account and Finance Officer, Muzaffarnagar wherein she has maliciously stated with the object of defaming the complainant that in the counter -affidavit of the complainant in the writ petition of Km. Shimla, incorrect facts, which were against the record, had been mentioned for personal gain in a dishonest and collusive manner, which amounted to a criminal act and in this manner she had defamed the complainant and his reputation in society had fallen as a result thereof.
(3.) I have heard Shri Indra Raj Singh, learned Counsel for the applicant, Shri V.K. Singh, learned Counsel appearing for opposite party No. 1 and learned Additional Government Advocate representing the State.