Mental injury does not fall within the ambit of grievous hurt as defined under Section 320 of the Indian Penal Code.

( 1 ) IN this application under Section 482 of the Code of Criminal procedure invoking inherent jurisdiction of this Court, the petitioners sought for quashing of his prosecution under Section 325/120b of the Indian Penal code in connection with the C. R. Case No. 313/03 now pending before the learned Sub-Divisional Judicial Magistrate, Siliguri as well as the order of taking cognizance.

( 2 ) HEARD, Mr. Amarta Ghosh, learned Advocate, appearing on behalf of the petitioners as also Mr. Swapan Kumar Mallick, learned Advocate, appearing on behalf of the State. None appears on behalf of the opposite party No. 1.

( 3 ) AFFIDAVIT of service filed in Court be kept with the record,

( 4 ) THE opposite party No. 1 herein, Mrs. Michelle (Johnston) Singh who happened to be the wife of one Kiron Singh, lodged a complaint against the petitioners, i. e. Sister Marry and Sister Marie Burchmans the Principal and the Secretary of St. Joseph School.

( 5 ) IT is the case of the complainant/opposite party No. 1, as it appears from the perusal of the petition of complaint that both the complainant and her husband were the teachers in the said school. During the course of their employment, they became acquainted with each other and were married. However, such marriage between a Roman Catholic girl and a hindu boy had incurred severe displeasure of the accused persons and they started harassing the husband of the complainant on one pretext or other, knowing fully well that he was a diabetic and suffering from high blood pressure. The said accused persons started harassing him on different false pretexts and finally terminated his service. Due to such HI treatment and harassment the husband of the complainant becomes seriously ill and his condition became critical and finally her husband died. It is the further case of the petitioners that due to such harassment and ill treatment her husband has suffered irreparable loss and injury, in his body and mind which has resulted in his death and the accused persons are guilty of offences punishable under Sections 302/107/120b of the Indian penal Code.

( 6 ) A complaint with the aforesaid allegation being made before the learned Sub-Divisional Judicial Magistrate, Siliguri, C. R. Case No. 313 of 2003 was registered and the learned Sub-Divisional Judicial Magistrate, siliguri after taking cognizance, transferred the said case to the Court of the learned Judicial Magistrate, 2nd Court, Siliguri for trial.

( 7 ) FINALLY, the learned Judicial Magistrate, 1st Class, 2nd Court, siliguri after recording the initial deposition of the complainant and considering other materials on record refused to issue summons under sections 302 or 304 of the Indian Penal Code but issued summons under section 325/120b of the Indian Penal Code against the petitioners on the following findings : -

"however, the materials in S/a and documents go to indicate the accd. Nos. 1 to 2 entered into a criminal conspiracy to harass the deceased oh one false pretext or the other knowing fully well that the deceased is a patient of high blood pressure and diabetes and therefore with the knowledge that they are likely to cause hurt to the deceased. As a consequence the deceased felt seriously ill and succumbed to his condition soon thereafter. Therefore the actions of the accd. Nos. 1 and 2 fall within the mischief of Section 325/120b, i. P. C. "

( 8 ) IN the instant case the only question arises for decision of this court whether on the allegation made in the complaint and in the initial deposition of the witnesses a case punishable under Sections 325/120b has been made out for which the Court has taken cognizance and issued summons.

( 9 ) THE Section 325 of the Indian Penal Code provides punishment for voluntarily causing "grievous hurt". Whereas "grievous hurts" are defined in Section 320 of the Indian Penal Code. According to such definitions the following kinds of hurt only are designated as "grievous" : -

"first - Emasculation. Secondl

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