The central legal point established in the judgment is the limited and sparing use of the power under Section 482 Cr.P.C. to prevent abuse of the process of the Court and secure ends of justice.

JUDGMENT :

RAJENDRA KUMAR, J.

1. By means of application under Section 482 Cr.P.C., applicant Smt. Saroj Pathak approached this Court for quashing the summoning order dated 04.09.2012 passed by Chief Judicial Magistrate, Sultanpur in criminal Case No.551 of 2012 (Rajmati versus Saroj Pathak and another), under Sections 323, 324, 504 and 506 IPC pending in the Court of Chief Judicial Magistrate, Sultanpur and entire proceedings thereof.

2. Brief facts given rise to the present application are that complainant Smt. Rajmati Singh moved an application under Section 156(3) Cr.P.C. before the Magistrate stating that her grand daughter Jhanvi (here daughter's, daughter) was a student of Class 1st, she had gone to School with her friend Reshma Bano on 09.01.2012 at about 11:30 AM. Class teacher demanded fee receipt from her grand daughter. When she told that the same was kept by her Nani somewhere, thereafter class teacher Rekha Singh called the Principal Smt. Saroj Pathak (applicant). Rekha Singh became angry by that time Principal Smt. Saroj Pathak came there and provoked to her to beat whereupon Rekha Singh inflicted injury in the left eye of Jhanvi with pen due to which she lost her sight. Principal abused and asked her (Jhanvi) to leave the School.

3. Application under Section 156(3) Cr.P.C. came to be registered as complainant case, thereafter learned Magistrate recorded the statements of complainant-Smt. Rajmanti Singh under Section 200 Cr.P.C., victim Jhanvi aged four years under Section 202 Cr.P.C. and Reshma Bano aged about five years under Section 202 Cr.P.C. Considering the statements of witnesses and medical report of Jhanvi, Court found prima-facie case and sufficient ground for proceeding, summoned the accused-applicant Smt. Saroj Pathak and one Rekha Singh to face trial under Sections 323, 324, 504 and 506 IPC.

4. Feeling aggrieved with the summoning order, accused-applicant filed present application under Section 482 Cr.P.C. for quashing the summoning order as well as complaint.

5. I have heard Sri Maneesh Kumar Singh, learned Counsel for applicant, Sri Jai Prakash Singh Vats, learned Counsel for opposite party no.2 and Sri S.P. Singh, learned AGA for State.

6. It has been submitted by learned Counsel for applicant that applicant is a lady and Principal of the Institution concerned, she has been falsely implicated on the false allegation for harassment and humiliation. No case is made out against her. It has been further submitted that on the application under Section 156(3) Cr.P.C. moved by complainant, Magistrate did not find cognizable offence under Section 324 IPC, therefore, matter was directed to be registered as the complaint case. It has been further submitted that it was not a business of applicant to see the fee receipt deposited by any student, entire allegation made in complaint is false and fake and there are contradictions in the statements of witnesses, no independent witness has been produced and prayed to quash the entire complaint and proceeding thereof.

7. Learned AGA opposed the submission of learned Counsel for applicant and submitted that victim as well as one student of the same Institution has supported the case. It has come in statement under Section 202 Cr.P.C. that injured Jhanvi aged about 4 years has lost her sight.

8. I have considered the rival submissions made by the parties and perused the records.

9. Before enter into the facts of the present case it is necessary to consider the ambit and scope of jurisdiction under Section 482 Cr.P.C. vested in the High Court. Section 482 Cr.P.C. saves the inherent power of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

10. It is settled that the power under Section 482 Cr.P.C. is not to be exercised in a routine manner, but it is for limited purposes, namely, to give effect to any order under the Code, or to prevent a