PRASHANT CHAUHAN Vs. STATE OF M P

JUDGEMENT

(1.) By invoking the extra-ordinary jurisdiction of this Court, petitioner has preferred this petition under Section 482 of Code of Criminal Procedure, 1973 (in short 'the Code') seeking quashment of order dated 05-11-2012 passed by learned Judicial Magistrate First Class, Gwalior whereby the cognizance for the offence under Section 188 of Indian Penal Code, 1860 (in short 'IPC') has been taken against the petitioner. The basis of challenge to the order of cognizance dated 05-11-2012 is that trial Court could not take cognizance on the basis of charge-sheet submitted by police.

(2.) The brief facts in narrow compass are that one written complaint was made by Block Development Education Officer (Mr. S.K. Dwivedi) to the Police Station Padav District Gwalior stating that District Magistrate has issued an order bearing No.Q/reader- ADM/School Education/9-18/01/12 dated 17-01-2012 to the effect that all the schools which are either affiliated with the Central Board of Secondary Education or with M.P. Board of Secondary Education shall follow the instructions enumerated in that order itself. In this order, there were clear and specific directions in regard to maintaining the record of sale/availability/display of books, copies, stationaries and uniform etc. for all classes related to the schools. In the complaint, the Block Development Education Officer alleged that when the inspection of petitioner's school was made by Smt. Vidisha Mukherji SDM Gwalior she found that Sant Chinmay Public Pvt. School is violating the directions contained in para 2 of the order of District Magistrate which prescribes with regard to availability books at eight shops and providing of list of books and seller to the Additional District Magistrate/District Education Officer prior to starting of academic session. Further irregularity in relation to uniform has also been found in the aforesaid inspection. On these violations to the order of District Magistrate, Gwalior request has been made to register the FIR against the petitioner.

(3.) Prior to making complaint to the Police Station Padav Gwalior on the basis of inspection report dated 28-03-2012, a show cause notice dated 31-03-2012 was issued upon the petitioner by the District Magistrate to show cause why the recognition of the school be not cancelled and why the proceedings under Section 188 of IPC be not initiated against him for violating the order of District Magistrate, Gwalior. In reply to the said show cause notice, petitioner has refuted all the irregularities alleged to have been committed in the inspection report and tendered his unconditional apology with regard to following the instruction in future without any fail with full rigor.