J M RAY Vs. SURRINDER KUMAR SHER

JUDGEMENT

(1.) THIS is an application under Section 561 -A of the Code of Criminal Procedure by Mr. J. M. Ray, Principal, Tyndale Biscoe School, Sheikh Bagh, Srinagar praying that the proceedings launched against him under section 500 of the Ranbir Penal Code by the respondent herein in the court of the City Magistrate, Srinagar, be quashed.

(2.) IT appears that the respondent who was admittedly working as a technician in the aforesaid school was informed by the petitioner on December 24, 1974, that on the basis of the report submitted by the auditors of the school and the interim report of the Committee set up by the Board of Management of the School, there were reasonable grounds to believe that he was prima facie guilty of fraud, breach of trust and miss -appropriation of school funds and that pending inquiry into the charges it had been decided to place him under suspension. This notice was followed up by delivery of the articles of charges to the respondent on January 20, 1974. A few weeks thereafter, i.e. on March 14, 1975, the respondent put in his resignation whereupon he was relieved of his charge by the petitioner. Three days thereafter the respondent made a complaint in the court of C. J. M. Srinagar, which was transferred by him for disposal according to law to the City Magistrate, Srinagar, who after recording the preliminary statements of the respondent and the two witnesses produced by him ordered process to be issued against the petitioner herein -Aggrieved by this order the petitioner has made the aforesaid application under section 561 -A of the Code of Criminal Procedure, to this Court.

(3.) APPEARING in support of the application Mr. Chowdhry has vehemently contended that the facts and circumstances of the case did not warrant issue of process against his client and that it will entail a great hardship and harassment to him if the aforesaid proceedings are allowed to go on.