IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.843 of 2009 RAMESH PRASAD Versus STATE OF BIHAR & ANR ----------- 4. 22.7.2010. Heard. In spite of the notice none appears on behalf of the informant of the case, i.e., Shastri Nagar P.S.Case No.75 of 2008 in which the petitioner, ex-Principal of B.N.College, Patna has been summoned for committing offences under Sections 341, 323 and 504 of the IPC and Section 3(x)of the Scheduled Caste and Scheduled Tribe(Prevention of Atrocities)Act,1989. The FIR has been placed as Annexure-1 to the present petition and as per it, the petitioner was called to the gate of Sanjay Gandhi Botanical Garden early in the morning and was asked by the petitioner to compromise the case which he had filed against one Ghulam Rabbani and further asked the informant to sign a plain paper so that a compromise petition could be filed in that particular case. Refusal to sign the paper resulted in abusing heaped and hurled at the informant. Attention of the court was drawn to Annexure-2 which is yet another report for the same incident which was filed on 15.2.2008 and in that - 2 - petition it has been stated that the informant was made to sign a paper whereafter he made an enquiry about the nature of the paper upon which he was informed by the petitioner that it was to be utilized for creating a compromise petition and when the complainant refused, he was abused and assaulted. The attention of the Court was further drawn to Annexure-4 a report submitted by the Dean, Faculty of Students Welfare, Patna University complaining about the undisciplined behaviour and misconduct of the informant when he was making the false allegations against a responsible teacher of the college and the head-clerk about misappropriating certain amount which was to be paid in lieu of a goat which the informant had alleged given to one Md. Gulam Rabbani. On the above report the informant was proceeded against and the enquiry was held as may appear from Annexure-5. Besides one of the Professors had filed a report before the police for registering a case as the informant had indulged into criminal acts. It was contended that on account of the above official actions which were either by the petitioner or by some else, resulting into initiation of actions against the informant - 3 - that the present FIR was lodged on false and baseless allegations simply to vex the petitioner as also to humiliating him by dragging him into a proceeding before a criminal court. The very improbability which appears from the report is that the petitioner being the principal of one of the most important institutions of the capital of Bihar would not be doing an act at such place as has been alleged by the informant. Reasons appear sufficient from the Annexures which have been placed on record of the present petition on account of which the informant appears having filed a report only with a view to spiting at a responsible intellectual of the city so that he was fully humiliated and vexed by a frivolous complaint. The allegation as such appears absurd and improbable. Considering the above aspects of the matter, the whole proceeding as against petitioner initiated by the above order dated 24.11.2008 passed in the above noted case is hereby quashed. The petition is allowed. B.Kr. ( Dharnidhar Jha, J. )