Criminal Misc. No. 6593 of 2009 (In the matter of an application under Section 482 of the Code of Criminal Procedure) ------------ 1. STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. NAVEEN VERMA, SON OF LATE A.K. VERMA RESIDENT OF D1/103, P.S. TUGHLAK ROAD, DISTT. NEW DELHI PRESENTLY POSTED AS SECRETARY, DEFENCE, ------- PETITIONERS. Versus DR. NAGESHWAR PRASAD SHARMA, SON OF LATE INDER SINGH, RESIDENT OF MOHALLA – EAST LOHANIPUR, P.S. KADAMKUAN, DISTT. PATNA. ------- OPPOSITE PARTY. ---------- For the Petitioner : For the State : Mr. Akhileshwar Prasad Singh,A.P.P., ---------- P R E S E N T THE HON’BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: Heard the parties. 2. The petitioners seek quashing of the entire proceeding including the order dated 20.4.2007 by which the Sub Divisional Judicial Magistrate, Patna, has taken cognizance under Section 500 of the Indian Penal Code in Complaint Case No. 2884-C of 2006. 3. The case of the Complainant is that he was a teacher of Physics in Patna University and Head of the Department of Physics in Science College whereafter he was appointed as Chairman of the Bihar Intermediate Council on 20.8.2002. The accused persons started making the working of Complainant difficult for ulterior reasons and finally things come to such a stage that an order was issued on 8.6.2005 stating therein that he had been removed from the Council under Section 13(1) of the Intermediate Council Act which provides that a member/ Chairman Patna High Court Cr.Misc. No.6593 of 2009 dt.11-07-2011 2 can be removed if he is found guilty of such conduct which renders him disqualified in the opinion of the Government. As against his removal when he moved the High Court vide CWJC No. 6757 of 2005, a Counter Affidavit was filed on behalf of the accused and stated in a roundabout way that the removal was under Section 5 of the Act. It was published in the Newspaper “Aaj” that the Complainant had been removed because allegations were found to be true on enquiry even though no enquiry had been held. It was therefore, alleged that the Complainant suffered a loss of prestige in the society. 4. He alleged that even the accused had accepted in that Counter Affidavit before the High Court that in fact, the Complainant had not been removed under Section 13(1) of the Council Act but under Section 5 of the Act for which reason the High Court had stayed the notification and the Complainant continued to work till his tenure of three years was over. The present complaint was instituted on 10.10.2006. 5. The counsel for the petitioners submits that from a bare perusal of the Complaint, no offence under Section 500 of the Indian Penal Code is made out since Sub Section 7 would operate in their favour. Further, the fact that the order was passed in good faith, is further corroborated from the fact that the accused persons conceded before this Court through the counter affidavit that in fact the removal of the Complainant was not under Section 13(1) of the Act but under Section 5 of the Act. 5. On the other hand, the counsel for the Complainant submits that the intention of the accused could be gathered from the fact that no fresh notification was issued in this regard even after the concession in the Counter Affidavit. 6. On going through the records of the case, I find that admittedly, the news item was not published by the present petitioners Patna High Court Cr.Misc. No.6593 of 2009 dt.11-07-2011 3 and, therefore, publication of the news regarding removal of the Complainant would have no bearing on the petitioners. Further when the petitioners themselves conceded that the removal of the Complainant was not under Section 13(1) of the Intermediate Council Act but under Section 5 of the Intermediate Council Act, in my view, they had demonstrated good faith in the matter and that there was a bona fide mistake on their behalf. 6. In the result, the application is allowed and the entire proceedings of Complaint Case No. 2884-C of 2006 along with the order dated 20.4.2007 passed by the Sub Divisional Judicial Magistrate, Patna, is hereby quashed. (Anjana Prakash, J.) Patna High Court, Patna Dated, the 11th July, 2011. NAFR/S.ALI.