JUDGMENT

S.N. Sanyal, J. - Ahadkli Mondal, father of the petitioner Sk. Saifuddin Mandai, filed a complaint against opposite party No. 2 Jamaluddin Ahmed, describing himself as the Secretary of the Paml Union Amjad High School alleging that opposite party No. 2 as Headmaster of the said school had committed criminal breach of trust in respect of Rs. 2,010/-After investigation the police submitted a charge-sheet against opposite party No. 2 under Sections 408/406 of the Indian Penal Code. The accused opposite party No. 2 was on bail and the case proceeded before the Chief Judicial Magistrate, Birbhum. Service of opposite party No. 2 was terminated and thereafter he appealed to the appeal committee of the West Bengal Board of Secondary Education. Before consideration of charge a prayer was made on behalf of the accused for stay of the proceeding as his appeal was pending before the appeal committee. The learned Magistrate by an order dated March 5, 1976 stayed the criminal proceeding till disposal of Appeal Case No. 1 of 1973 pending before the Appeal Committee of the West Bengal Board of Secondary Education. The said order of the learned Magistrate was challenged before this Court i