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2007 Supreme(Cal) 38

ASHIM KUMAR ROY
SISTER MARY – Appellant
Versus
MICHELLE (JOHNSTON) SINGH – Respondent


Advocates Appeared:
Amarta Ghosh, SWAPAN KUMAR MALLICK

( 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 becam









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