IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38519 of 2007 SALANDHAR JHA …Petitioner Versus 1. THE STATE OF BIHAR 2. VINODANAND JHA 3. UMESH KUMAR JHA 4. SHITA RAM MISHRA 5. SUNDRA KANT THAKUR 6. VIMLA KANT THAKUR 7. SHARDA KANT JHA 8. VIJYA KANT @ MANU JHA 9. RAMESH MISHRA 10. DASHRATH JHA 11. DINESH KUMAR SAH …OPPOISTE PARTIES For the Petitioners : Mr.Sharda Nand Jha & : Mr.Dhananjay Kr. Gupta For the O.P. : Mr. Purshottam Jha For the State : Mr. Jharkhandi Upadhyay,APP ----------- 06. 13.08.2010 Heard counsel for the parties. Petitioner is the complainant of this case. He is aggrieved by the order dated 31.07.2007, passed by learned Judicial Magistrate 1st Class, Saharsa in complaint Case No. 1141(C)/06, whereby the complaint was dismissed in terms of section 203 Cr. P.C. The petitioner and some of the accuseds of this case are teachers of the school in question. A dispute arose over the appointment as In charge Principal/Headmaster of the school. Complainant’s authority as I/C Headmaster of the school was objected to by other accuseds at the time of taking over the charge of office of Headmaster. A complaint was accordingly lodged by him which was transmitted to the police station in terms of section 156(3) Cr. P.C. for registration of case. The FIR was accordingly drawn up and investigation was 2 carried on whereafter the Investigating Agency submitted the final form stating therein that the case was not substantiated and proved. Since a protest petition was pending from before, the same was treated as the complaint and the petitioner was directed to adduce evidence. One witness was produced by him. On a consideration of the entire matter appearing from the record and the fact that this was pristinely a dispute relating to the office of the In charge Headmaster, learned Magistrate has found that there was no sufficient material to proceed with the complaint and, accordingly, the same was dismissed under section 203 Cr.P.C. I have considered the submissions advanced on behalf of the parties. In my view, no indulgence should be granted in the present case. This will only ignite ill-will and bad blood amongst the teachers who are meant for imparting education to the students and not to fight litigation. There is no any illegality in the order. The application is dismissed. hr ( Kishore K. Mandal )