Hon’ble Amar Saran, J.—This application under Section 482 of the Code of Criminal Procedure has been filed by the applicant Smt. Usha Sahrawat, who is the Principal of Kanya Kalyan Gurukul Shiksha Sansthan Inter College, Bhainswal, Muzaffarnagar, (hereinafter called the institution) against the order dated 20.5.2002 passed by the Chief Judicial Magistrate, Muzaffarnagar, whereby the learned Magistrate has summoned the applicant in criminal case No. 1700/9 of 2002 on the basis of the complaint filed by Yashpal Singh, the ex-Manager of the institution.

2. The allegations in the complaint dated 19.3.2002 were that one teacher Km. Shimla had filed a writ petition No. 11463 of 1992 before the Hon’ble High Court, which was decided in her favour on 29.9.1994 on the footing that Km. Shimla was working without any break since 2.3.1988 as an L.T. grade teacher. In that case, the complainant claimed that he was also made a party and he had filed a counter affidavit on the basis of true facts and the documents shown by the Principal, i.e. the applicant. The applicant is said to have written a letter on 9.1.2002 to the Account and Finance Officer, Muzaffarnagar wherein she has maliciously stated with the object of defaming the complainant that in the counter-affidavit of the complainant in the writ petition of Km. Shimla, incorrect facts, which were against the record, had been mentioned for personal gain in a dishonest and collusive manner, which amounted to a criminal act and in this manner she had defamed the complainant and his reputation in society had fallen as a result thereof.

3. After examining the complainant under Section 200, Cr.P.C. and his witnesses under Section 202, Cr.P.C. the learned Magistrate has summoned the applicant as aforesaid.

4. I have heard Shri Indra Raj Singh, learned counsel for the applicant, Shri V.K. Singh, learned counsel appearing for opposite party No. 1 and learned Additional Government Advocate representing the State.

5. It is contended by the learned counsel for the applicant that writ petition No. 11463 of 1992 has indeed been decided in favour of Km. Shimla on the basis of the counter affidavit filed on behalf of the committee of management (of which the complainant was the Manager) on the footing that Km. Shimla was discharging her duties as L.T grade teacher since 2.3.1988 in a continuous manner without any break.

6. It has been mentioned by the applicant in paragraph 3 of the affidavit filed in support of this application that Km. Shimla had resigned from service on 25.8.1988. It is further mentioned in paragraph 5 of the affidavit that after the institution was brought under the Payment of Salaries Act, 1971, an advertisement for the post of assistant teacher was made and Km. Shimla applied for the same and on the basis of the resolution of the selection committee dated 10.2.1991, she was appointed on the post of assistant teacher. Paragraph 5 further mentions that the resolution dated 10.2.1991 is also annexed as Annexure 4 to the application. This annexure shows that Km. Shimla after resigning from her post in August, 1988, had left the job and she started working on the post from 1.1.1990 as an assistant teacher before she was finally selected in the interview held on 1.2.1991 as an assistant teacher.

7. In paragraph 6 of the affidavit, it is mentioned that the complainant also wrote a letter dated 18.2.1991, (Annexure 5) to the Deputy Director of Education for grant of approval to the appointment of Km. Shimla. The said letter also mentioned that the post from which Km. Shimla had resigned had become vacant, but in the interview held on 20.1.1990, Km. Shimla was selected by the management as assistant teacher, so approval was being sought.

8. Whilst the reply of O.P. No. 1 to paragraph 3 of the affidavit filed by the applicant was that after Km. Shimla’s resignation from the institution on 25.8.1988, the same was not accepted by the committee of management and she continued to work in the