P.C. SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) PRESENT petition has been directed under Section 482 of the Code of Criminal Procedure seeking relief of setting aside the order dated 15.7.2013 passed by Judicial Magistrate First Class, Jabalpur in Crime No. 64/2012 (Case No. 6969/2013), by which the trial Court has taken cognizance against the petitioner under Section 509 of the Indian Penal Code on the basis of complaint preferred by the respondent No. 1. On 29.8.2012, respondent No. 1 moved a complaint Annexure A/1 in the Court of JMFC, Jabalpur under Section 156(3) of the Code of Criminal Procedure (in short 'the Cr. P.C.') containing main allegations that on 29.10.2011 petitioner in the capacity of Chairman of 'Board of Education CNI, Jabalpur Diocese' being the Bishop of Jabalpur, called the respondent No. 1, who was Vice Principal of Christ Church Boys Senior Secondary School, Jabalpur with an ulterior motive and to have some sexual demands. On 26.11.2011, petitioner again called the respondent No. 1 in his office and subjected her to some objectionable gestures.

(2.) ON 14.1.2012, petitioner further called the respondent No. 1 in his office and informed her regarding vacancy on the post of Principal in the Christ Church Girls Senior Secondary School and assured her selection if she will spend at least two days with him in Forest in Mandla District. The aforesaid proposal has been simply declined by the respondent No. 1. Resultantly, in the April, 2012 post of Principal in Christ Church Girls Senior Secondary School was advertised and was given to some body else and in that continuation post of Vice Principal of boy's school was also abolished.

(3.) PLACING reliance on : AIR 1992 SC 604 -State of Haryana and others Vs. Ch. Bhajan Lal and others, (Para -108) learned senior counsel for the petitioner submits that present criminal proceeding has been manifestly attended with malafide and respondent No. 1 has maliciously instituted it with an ulterior motive for wreaking vengeance on the petitioner and with a view to spite him due to private and personal grudge on account of her non -selection on the post of Principal and her demotion from the post of Vice Principal to Lecturer. Learned senior counsel for the petitioner further submits that SHO, Mahila Thana Jabalpur on 10.9.2012 has filed the complaint for want of substance because appointment of Principal has been made as per rules after observing due procedure. Post of Vice Principal, as a matter of policy, has been abolished every where, hence, the respondent No. 1 was made to work as a Lecturer in the same school. For want of eligibility, she could not be considered and selected for the post of Principal. On 29.6.2013, Mahila Thana, Jabalpur further submitted a report in the Court of CJM, Jabalpur indicating that all female workers of the institution said nothing against the petitioner and did not support the complaint of the respondent No. 1 rather all expressed high regards and appreciation for the attitude and the working of the petitioner. Learned senior counsel further submits that after totally ignoring the aforesaid police reports, on the basis of statement of respondent No. 1 made by her in the Court on 21.1.2013, cognizance of the matter has wrongly been taken by it. A valid Police Khatima report has been wrongly ignored and disbelieved by the Court despite the fact that it contained statements of various ladies employees. In place of quashing the proceedings at the stage under Section 203 of the Cr. P.C., because no sufficient material was available on the record to proceed at that time, trial Court has issued the process under Section 204 of Cr. P.C.