As the above 2(two) criminal revisions are arising out of the order, dated 19.12.2009, passed in Complaint Case No. 106/09, I propose to dispose of the same by this common judgment and order.

2. Heard Mr. C. Choudhury, learned counsel for the petitioner and Mr. J. Ahmed, learned counsel for the respondent.

3. By the instant revision petitions under Sections 397/401 read with Section 482 of the Code of Criminal Procedure (Cr.P.C.) and Article 227 of the Constitution of India, the petitioners have prayed for setting aside and quashing the impugned order, dated 19.12.2009, passed in Complaint Case No. 106/09 and the aforesaid criminal proceedings, wherein the learned Sub-Divisional Judicial Magistrate (M), (For short ‘SDJM (M)’) at Bajali, Pathsala, District-Barpeta has issued summons to the accused/petitioners herein taking cognizance of the offences under Sections 120B/500/34 of the Indian Penal Code (IPC).

4. In Crl. Rev. Petition No. 24/10:

The petitioner’s case, precisely, is that the petitioner retired from service as Principal, Bajali College, Pathsala, District-Barpeta, Assam, on 31.01.2006, on superannuation and the respondent is a Lecturer in the Department of English of the said College, who joined the post in the year 1991. The respondent had instituted a complaint case, on 16.12.2009, in the Court of learned SDJM(M) at Bajali against the petitioner and 3(three) others alleging that she was placed under suspension on 28.12.2007 for alleged misconduct by the College Governing Body, of which the petitioner was the Secretary and the then Principal of the College. On 25.01.2006, the petitioner sent letters, which contained false and fabricated defamatory allegations against her, to the President/Secretary, Pathsala Bazar Committee and other social organizations lowering her reputation in the estimation of the members of the aforesaid social organizations and the general public at large. Amongst the various defamatory allegations, the petitioner mentioned in the letters that the respondent “is a woman of bad character”. On receipt of the copy of the letters, the office bearers of the social organizations enquired from her about the allegations, which demoralized her and lowered her prestige in the society, friends and relatives. The respondent alleged that the Governing Body of Bajali College in its meeting held on 30.08.2005 adopted a resolution to draw up a departmental disciplinary proceeding against her, allegedly on some vague charges and after a discrete enquiry, the authority having failed to establish the charges exonerated her of the charges and thereafter, she rejoined in the post on 07.01.2009.

5. In Crl. Rev. Petition No. 16/10:

The petitioner’s case, in a nut-shell, is that the petitioner, who is arrayed as the accused No. 3 in the aforementioned complaint case, was a party to the conspiracy along with the petitioner in Crl. Rev. Petition No. 24/10 and 2(two) others, in drawing up the departmental proceeding with an ulterior motive against the complainant/respondent herein based on false and concocted story of allegations, which hampered her reputation and bright career and thereby put her in mental sufferings and agony. The complainant/respondent alleged that the enquiry report of the departmental proceeding clearly established the fact that her suspension from service was illegal and inhuman, which caused irreparable loss including loss of reputation of her and her family members. The complainant/respondent in her complaint mentioned the petitioner as Principal, Bajali College and the petitioner in Crl. Rev. Petition No. 24/10 as Ex-Principal of the said College.

6. The learned SDJM (M), Bajali, Pathsala, after making necessary enquiry under Sections 200/202 Cr.P.C., having found prima facie materials, took cognizance of the offences under Sections 120B/500/34 of the IPC and issued summons for appearance of the petitioner and others.

7. Mr. C. Choudhury, learned counsel for the petitioners, submits that on