JUDGMENT

Bibek Chaudhuri, J. - This is an appeal against the judgment and order of acquittal passed by the learned additional Sessions Judge, 1st Court at Contai in Criminal appeal No.2 of 2016 reversing the judgment and order of conviction and sentence passed by the learned Judicial Magistrate, 1st Court at Contai in GR (E) Case No.79 of 2004 under Sections 148/323/34 of the Indian Penal Code.

2. The defacto complainant of G.R (E) Case No.79 of 2004 is the appellant before this Court.

3. The defacto complainant, namely, Surajit Bhunia lodged a complaint before the learned Sub-divisional Judicial Magistrate at Contai on 25th February, 2004 against six accused persons/private respondents stating, inter alia, that he was a member of the managing committee of Mokrampur Nilkanta Siksha Sadan during the year 2004. Sometimes in the last quarter of 2003, Test Examination of the students of Class-X to qualify for the Madhyamik Examination of 2004 was conducted by the school and as per the result, five students failed in the said test examination. as they were not qualified to appear in Madhyamik Examination of 2004, the said students filed an application under article 226 of the Constitution.