KALI PRASAD SINGH Vs. SIRIKRISHUN CHATURVEDI

JUDGEMENT

(1.) This is an application for quashing the proceedings now pending against Babu Kali Prasad Singh, the Chairman of the Buxar Municipality.

(2.) On 10 November 1937, the complainant, who is a teacher in the Srinivas Sanskrit Pathsala, since 1929, lodged a complaint against the petitioner and his clerk. It appears that the local Municipality agreed to give an aid to the Pathsala in 1933-34 which was apparently fixed at Rs. 55 per annum or for that year. But in February 1934, the complainant received Rs. 5 only instead of Rs. 55 and he granted a receipt for this amount. Having received the sum of Rs. 5 he submitted his annual report in April of the same year to the effect that he received a sum of Rs. 5. The Deputy Inspector of Schools who knew that the aid given to the school or Pathsala was more, asked for an explanation from the complainant as to why he had acknowledged receipt of Rs. 5 instead of Rs. 55. As a result of that some incidents happened and the complainant received another Rs. 50 in June 1934. In the petition of complaint which is in Hindi the complainant is silent as to who paid him Rs. 50 and where: but in his examination on oath on 10 November 1937, he says: I was paid Rs. 5 in the Municipal Office and Rs. 50 at the house of the Munioipal Head Clerk Rajindra Prasad.

(3.) This Rajindra Prasad is the accused who has been summoned but who had not moved this Court. The learned Magistrate on receipt of this complaint and after examining the complainant as he was required to do by the provisions of Section 200 of the Code, passed this order: This is a complaint against the Chairman, Buxar Municipality, and his Head Clerk. I have to see many papers in this connexion. Orders reserved.