SARLA RANI VADEHRA Vs. STATE

JUDGEMENT

(1.) THIS misc. petition is directed against the orders dt. 12.10.1989 and 12.12.1989 passed by the learned Judicial Magistrate No. 2, Bhilwara, whereby he allowed the application of the complainant -respondent No. 2 for cross - examination of Smt. Sarla Rani Vadhera, accused -petitioner.

(2.) THE facts necessary to decide the petition are these. Respondent No. 2 Sushri Sobhagya Goyal was the lecturer in Girls College, Bhilwara. Smt. Sarla Vadehra (petitioner) was the Principal of that College. Miss Goyal filed a criminal complaint against Smt. Vadehra and 'one Shri Shivnath Singh Kapoor for offence Under Section 166, 167, 177, 187, 217, 218, 504 and 511 IPC. When the enquiry was being held by the magistrate under Chapter XV Cr.P.C, and application was filed Under Section 91 Cr.P.C. by Miss. Goyal for the production of some documents from the office of Smt. Vadehra which was allowed. A notice was sent to Smt. Vadehra for producing the document. On 21.9.1984 Smt. Vadehra did not appear in Court but sent a reply that she was not competent to produce the documents and it could only be done after the orders of the Director, College Education, Jaipur. The non -attendance of Smt. Vadehra in Court and the reply offended the Magistrate and he directed that a notice Under Section 350 Cr.P.C. be given to her as to why proceedings should not be taken against her for disobedience of the orders of the Court. Smt. Vadehra appeared and filed reply supported by an affidavit. On 15.3.1985 Miss. Goyal filed an application Under Section 340 Cr.P.C. praying for cross -examination of Smt. Vadehra on her affidavit. This application was disposed of by the Magistrate vide impugned order dt. 12.10.1989 holding that the complainant has not filed any counter affidavit and hence the permission to cross -examine Smt. Vadehra could not be given and if she filed counter affidavit appropriate orders would be passed. Thereafter, Miss. Goyal filed counter affidavit. By the impugned order dt. 12.12.1989 the learned Magistrate directed the cross -examination of Smt. Vadehra on her affidavit dt. 24.1.1985.

(3.) THE learned Public Prosecutor could not support the order of the Magistrate.