GOVIND BALLAV GOSWAMI Vs. MEENA SHARMA

JUDGEMENT

(1.) Present revision petition/application has been filed questioning the propriety/legality of the order dated 26.8.1996 passed by Judicial Magistrate 1st Class, Shillong, whereby cognisance of offence was taken of offences under Sec. 500, 503 and 506 of Indian Penal Code, 1860, hereinafter called IPC for short, on a complaint which was filed by the Opp. Party, hereafter called the complainant, against the applicant, hereafter called the accused, in the proceedings under Chapter XV of the Code of Criminal Procedure, 1973, hereinafter called the Cr.P.C. for short.

(2.) According to learned counsel for the accused by filing the complaint the complainant has abused the process of the Court for pressurising and harassing him inasmuch as even if allegations which are made by the complainant against him in the complaint and other papers accompanying it are taken on its face would at most show that the accused did the things in his capacity as an officer of the management committee of the school wherein the complainant is working as an employee, so as to enforce discipline in the school which could not be the subject matter of a criminal proceedings in criminal Court. Still the learned Magistrate, contends the counsel for the accused, going out of way has illegally taken cognisance of the offences which are not at all disclosed in the complaint or in the papers filed with it and in her initial statement on oath made before the Magistrate. Copies of the complaint, the papers filed with it and the initial statement of the complainant recorded by the Magistrate u/s 200 of the Cr.P.C. have been filed along with the revision petition.

(3.) On examination of the above documents this Court admitted the revision application of the accused. The application has been filed u/s 482 of the Cr.P.C. read with Sees. 397 and 401 thereof.