LAWS(ALL)-2019-8-73

SAROJ PATHAK Vs. STATE OF U. P.

Decided On August 07, 2019
Saroj Pathak Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) By means of application under Section 482 Cr.P.C., applicant Smt. Saroj Pathak approached this Court for quashing the summoning order dated 04.09.2012 passed by Chief Judicial Magistrate, Sultanpur in criminal Case No.551 of 2012 (Rajmati versus Saroj Pathak and another), under Sections 323, 324, 504 and 506 IPC pending in the Court of Chief Judicial Magistrate, Sultanpur and entire proceedings thereof.

(2.) Brief facts given rise to the present application are that complainant Smt. Rajmati Singh moved an application under Section 156(3) Cr.P.C. before the Magistrate stating that her grand daughter Jhanvi (here daughter's, daughter) was a student of Class 1st, she had gone to School with her friend Reshma Bano on 09.01.2012 at about 11:30 AM. Class teacher demanded fee receipt from her grand daughter. When she told that the same was kept by her Nani somewhere, thereafter class teacher Rekha Singh called the Principal Smt. Saroj Pathak (applicant). Rekha Singh became angry by that time Principal Smt. Saroj Pathak came there and provoked to her to beat whereupon Rekha Singh inflicted injury in the left eye of Jhanvi with pen due to which she lost her sight. Principal abused and asked her (Jhanvi) to leave the School.

(3.) Application under Section 156(3) Cr.P.C. came to be registered as complainant case, thereafter learned Magistrate recorded the statements of complainant-Smt. Rajmanti Singh under Section 200 Cr.P.C., victim Jhanvi aged four years under Section 202 Cr.P.C. and Reshma Bano aged about five years under Section 202 Cr.P.C. Considering the statements of witnesses and medical report of Jhanvi, Court found prima-facie case and sufficient ground for proceeding, summoned the accused-applicant Smt. Saroj Pathak and one Rekha Singh to face trial under Sections 323, 324, 504 and 506 IPC.