AMAR NATH GUPTA Vs. NARINDER KUMAR BANSAL

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. Has been preferred by Amar Nath Gupta, Manager, Gandhi Memorial Education Society, Kotkapura (Branch Gandhi Nursery, School, Kotkapura), against Narinder Kumar Bansal respondent, with the prayer for quashing of two orders i.e. one dated February 26, 1986 passed under Section 145(1) Code of Criminal Procedure (Copy Annexure P/6) and the order of the same date passed under Section 146 Code of Criminal Procedure (Copy Annexure P/7) by the Sub Divisional Magistrate, Faridkot.

(2.) A brief resume of the circumstances leading to the present petition is necessary. On May 1, 1985 a Police Report was, made to Sub Divisional Magistrate, Faridkot. An English rendering of the said report is reproduced in para 1 of the petition and its correctness is not disputed. The same runs as follows :-

(3.) THE respondent carried a Revision Petition against the above order of the Sub Divisional Magistrate which was heard by the Additional Sessions Judge, Faridkot and was disposed of by means of order, dated February 19, 1986, copy whereof has been produced as Annexure P/5 to this petition. The operative part of this order is that the order was passed by the Sub Divisional Magistrate was set aside and the case was sent back to the said Officer with the direction to proceed in the matter according to law.