Hon’ble B.C. Kandpal, J. (oral)

This petition U/S 482 Cr.P.C. has been preferred by the petitioner, who is facing the trial in criminal case No. 871/1999 (new No. 3571/2004), Shiv Prasad Mishra Vs. Onkar Shukla, U/S 500 I.P.C. pending before Chief Judicial Magistrate Udham Singh Nagar, has challenged the order dated 26.10.2004 passed by the Sessions Judge U.S. Nagar in Criminal Revision No. 52/2003, thereby directing the Judicial Magistrate to decide the matter on merit and in accordance with law. The learned Sessions Judge while allowing the revision, set aside the order dated 18.9.2003 passed by Judicial Magistrate, by which the learned Magistrate has dismissed the complaint and set aside the summoning order dated 10.5.1999.

2. Brief facts of the case are that complainant Shiv Prasad Mishra, was posed as Principal in the Junior High School Mohanpur No.2, Gadarpur, P.S. Rudrapur, District Udham Singh Nagar. On 4.1.1999 the petitioner, who was posted as Basic Siksha Adhikari inspected the school and found that the teachers were not imparting the education to the students properly. When certain questions were asked to the students by the petitioner, no satisfactory replies