POONAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THOUGH the petitioners have prayed for quashing both the police case and the complaint case, the order dated 24 -3 -1999 shows that at the time of issuance of notice, the Counsel for the petioners confined his prayer only to the quashing of Deoghar P.S. Case No. 17 of 1999.

(3.) PETITIONER No. 1 is the District Superintendent of Education, Deoghar and petitioner No. 3 is a clerk of her office. The Opposite Pary No. 2, a school teacher, is the informant as well as the complainant in the aforesaid two cases. He lodged, at the first instance, the First Information Report on 26 -1 -99 alleging, inter alia, that on receiving the order of suspension, he along with his brother -in -law had gone to the office of the petitioner No.1. He placed all the documents before her which were in his favour. At that time, petitioner No. 2, Kabindra Singh, asked for Rs. 500/ -which was refused by Kamdeo Das. Petitioner No. 1 is alleged to have told that if the said amount is not paid, the Opposite Party No. 2 will continue under suspension. He had some altercation and petitioner No. 2 caught hold of collar of the informant and his brother -in -law and put them outside the room. Petitioner No. 1 thereatened to discharge him and asked petitioner No. 2 to note his name. Some abuses were also hurled against the informant and when he protested the petitioner No. 2 gave him slaps.