S V LAYALL Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY this revision application the petitioner who is an accused along with others in G.R. Case No. 392/90 seeks revision of the order dated 26 -8 -1993 of the Judicial Magistrate, who rejected the prayer of the petitioner and other accused for their discharge on the ground that there was no prima facie case for trial.

(2.) G .R. Case No. 1392/90 was registered on the report of the District Education Officer, Patna alleging that the petitioner, who is ex -principal of Angus Girls Primary Teachers Education College, Patna, has been removed forcibly and she is residing in the quarter along with her family members. The complainant -District Education Officer reported that the Training College was a fake college. The allegation in the complaint petition is required to be stated in detail. According to the Report, Angus Womens Primary Teachers Training College, established in the year 1904 and recognized by the State Government, has been running in Lodipur mohalla in the town of Patna. Petitioner and accused Nos. 2 to 5 started Educational Institution in the name of Angus Womens Primary Teachers Training College and a complaint in this regard was made by the Secretary of the college for taking legal action. In due course, the District Magistrate, Patna referred the matter to the Sub -Divisional Magistrate, Patna to initiate action against the accused -persons. The Sub -Divisional Magistrate in turn directed the District Education Officer for lodging First Information Report. The petitioner is accused No. 1. She was dismissed from service but she continued to reside in the said premises of Angus Womens Primary Teachers Training College. After dismissal of petitioner No. 1, Salomi Mundu, who is accused No. 2, was made Acting Principal of the College who was also residing in the campus of the college. The Acting Principal was later suspended as her B.A. Certificate was found to be fake. In a nutshell, the case is that the accused -persons started a fake educational institution pursuant to a conspiracy in the name of Angus Womens Primary Teachers Training College.

(3.) IT may be stated that this Institution was established by Baptist Union of North India. The case of the petitioner is that so far as she is concerned, she was appointed as a Principal of three Institutions by the Baptist Union of North India, namely, Angus Girls Middle School, Angus Girls High School and Angus Girls Primary Teachers Training College. All the three institutions were established by the Christian Minority Organisation several years back, and the appointing authority as well as the disciplinary authority of the Principal is Baptist Union of North India and for other teachers is the Managing Committee duly appointed by the Bapitist Union of North India. Copy of the Constitution of Baptist Union of North India is annexed as Annexure -2.