R.D. VYAS Vs. C.K. SHRIVASTAVA

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C, has been directed against the order dated 9.12.1999 passed by the learned Sessions Judge, Bastar in criminal revision No. 60/99 affirming the order dated 12.4.1999 passed by the learned Chief Judicial Magistrate, Jagdalpur in criminal complaint case No. 2074/98.

(2.) THE facts giving rise to this petition are these : The respondent No. 1 made a written complaint to the petitioner No. 1 who is the Principal in Government P.G. College, Jagdalpur. It was alleged in the complaint that one V.K. Shrivastava assistant Professor in Botany in the same Government P.G. College, Jagdalpur misbehaved with Ku. Shradha Shrivastava daughter of the respondent No. 1. The respondent No. 1 requested that the action at the level of the petitioner No. 1 may be taken against V.K. Shrivastava. It is alleged that the petitioner No. 1 alongwith petitioner No. 2 and 3 who are also professor and assistant professor respectively in the same institution deliberately informed about the said incident to the city correspondent of the daily news paper 'Dainik Bhaskar'. Consequently newspaper Dainik Bhaskar published the news under the head ' .........[vernacular ommited text]...........

(3.) HAVING heard the learned counsel for both the sides and having gone through the entire record, I am of the view that this petition deserves to be allowed. A careful scrutiny of the entire record reveals that the written complaint made by the respondent No. 1 to the petitioner No. 1 was received in the college on 29.11.1997, which is clear from the register of letters received in the institution. It is also clear that the petitioner No. 1 took action and wrote four letters to Commissioner, Bastar Division, Joint Director, Higher Education, Bhopal, Collector, Bastar and Additional Director, Higher Education, Raipur regarding the complaint made by the respondent No. 1 against V.K. Shrivastava. This clearly shows that the petitioner No. 1 has acted within his authority as Principal and informed the higher authorities regarding the conduct of V.K. Shrivastava.