K. PAKA SINGH Vs. NIVEDITA SENGUPTA

JUDGEMENT

(1.) The petitioner has filed this criminal revision against proceedings initiated against him under sec. 448/500 of IPC before the court of Judicial Magistrate 1st court in case no. 50 of 2003. It is prayed by the petitioner that the pending proceedings before the learned judicial magistrate, Purulia are liable to be quashed under Sec. 482 of the Code of Criminal Procedure. Facts:

(2.) The complainant is the warden of Girl's Hostel of the Free Progress Academy Centre -1, Hura. She has filed the complaint against the accused father of student named Sharmila residing at the abovementioned institute at the time of commission of the alleged offence.

(3.) After hearing about this statement in front of the staff, the complainant advised the accused to file a written complaint before appropriate authorities. The complainant felt insulted and defamed before the staff of the Academy and sought an apology from the accused before he left the institution. Since no apology was tendered by the accused the complainant decided to file a criminal complaint before Chief Judicial Magistrate, Purulia. On the basis of examination of complaint filed before the Court of Chief Judicial Magistrate, process was issued against the petitioner to appear before the court of Judicial Magistrate 1st court. On the day of appearance, the accused was granted bail. Arguments