GITASHREE DEY Vs. STATE OF ORISSA & ANOTHER

JUDGEMENT

(1.) The petitioner Gitashree Dey has filed this application under section 482 of Cr.P.C. for quashing the entire criminal proceeding in C.T. Case No.2254 of 2011 pending in the Court of learned Special Judicial Magistrate, Balasore in which as per the order dated 20.03.2012 on receipt of the charge sheet, cognizance of offence has been taken under section 337 of the Indian Penal Code.

(2.) The prosecution case, in short, is that the petitioner was the Headmistress of Shyam Sundar High School, Motiganj, Balasore and she asked the husband of the informant namely Sanatan Pradhan to prepare tea on 02.12.2011 and while preparing tea in the heater, the husband of the informant sustained injuries.

(3.) Mr. Suryakanta Dwibedi, learned counsel appearing for the petitioner contended that the petitioner has already retired from her service and even accepting the entire prosecution case for the sake of argument, the ingredients of offence under section 337 of the Indian Penal Code are not attracted and it cannot be said that the petitioner has acted in a rash and negligent manner by asking the husband of the informant to prepare the tea for which while preparing the tea, the later received some injuries. Learned counsel for the petitioner further submitted that the materials rather indicate that the petitioner offered Rs.50/- (rupees fifty only) to the injured and asked him to bring tea from outside along with biscuits but instead of bringing the tea from outside, the husband of the informant tried to prepare the tea in a heater which was there in the school and he sustained injuries. It is further submitted that since mens rea is absent, the order of taking cognizance and issuance of process should be quashed.