The main legal point established is that the ingredients of Section 420 of the Indian Penal Code must be satisfied for an offense to be established, and a non-speaking order without application of mind is not valid.

N.W. Sambre, J.

Leave to amend. Amendment to be carried out forthwith.

2. The respondent No. 2 filed complaint being Regular Criminal Case No. 180 of 2009, for an offence punishable under Section 420 of the Indian Penal Code alleging that he is member of Shikshak Sanghatana, a registered organisation, which is required to look into the grievances of the teachers. According to him, he received complaints from the employees of the Appasaheb Pundlik Kalu Patil Madhyamik Vidyalaya, Pimparkhed, Taluka Bhadgaon, District Jalgaon of which the present petitioner is the Headmistress and so as to redress the same, he filed application under Right to Information Act seeking information about the teaching and non-teaching staff, their appointments, the memo issued, explanations tendered, action taken etc. It is the case of the respondent No. 2 before the Magistrate that for supplying said information, an amount of Rs. 22,845/- was recovered from him towards the photostat charges, postal charges etc. According to him, information, which was rather not demanded, was also supplied and as such, extra amount was extracted from him. He had urged in the complaint same amounts to an offence of cheating under Section 420 of the Indian Penal Code.

3. Learned Judicial magistrate, First Class, Pachora, vide order dated 24th August 2009 directed to investigate the matter in exercise of powers under section 156 (3) of the Cr.P.C., 1973 as such, present petition questioning the legality and tenability of the said proceedings against the petitioner.

4. Learned Counsel for the petitioner submits that perusal of the application under Right to Information Act moved by the present respondent No. 2 speaks that he wanted to have all the information of teaching and non-teaching staff of the school in relation to issuance of memo, notices etc, replies given by said employees and the action taken by the Education Department against such employees for a period from 2000 to 2008-09. The said information was sought by the respondent No. 2 to be delivered through postal department. After the said application was moved, the respondent-complainant was sent a letter intimating him about the expenses to be incurred towards photostat charges, postal expenditure and other expenses and accordingly, was intimated to deposit amount of Rs. 22,845/-. It is then claimed that against the said communication, he preferred appeal to the Education Officer, which was duly attended to by addressing a communication to the petitioner that the information be made available to the respondent-complainant. On 15th April 2009, details of the amount to be paid by the respondent for receiving information, particularly the number of documents which are supplied, the cost of the photostat, the cost and expenses towards the postage, the packaging and other expenses was intimated to the respondent No. 2-complainant. After receipt of the documents, it is claimed that the respondent No. 2 lodged protest with the applicant and also with that of the competent authority, i.e. Education Officer raising protest as excess amount was recovered from him by supplying irrelevant documents.

5. According to learned Counsel for the petitioner, if the entire events narrated here-in-above are taken into consideration with its cumulative effect, the cumulative effect was that the information that was sought for was supplied to the complainant and there is no intention or motive on the part of the petitioner. She would then urge that the necessary ingredients so as to form satisfaction for prima facie commission of offence under Section 420 of the Indian Penal Code are not satisfied. She would then urge that the order of learned Magistrate directing investigation under section 156 (3) of the Cr.P.C., 1973 is a non-speaking order, as the learned Magistrate has not at all applied his mind to the requirement of issuance of process for an offence punishable under Section 420 of the Indian Penal Code as the complaint