Patna High Court - Orders
Manjula Sinha vs The State Of Bihar on 13 October, 2014
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10695 of 2011
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Manjula Sinha, W/o Dr. Hira Lal Singh, Resident of Village - Jogta, P.S.-
Chandi, District - Bhojpur, At present posted as Principal, Dr. Nemichand
Sastri Kanya Uchch Vidyalaya, Bara Bazar, P.S.- Ara Town, District-
Bhojpur
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Rina Kumari, W/o Alok Kumar Pandey, of Moh Maula bagh, P.S. Ara
Nawada, Dist - Bhojpur, at present, Commissioner, District
Organization of Scout and Guide at Ara
.... .... Opposite Parties.
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Appearance:
For the Petitioner/s : Mr. Durgesh Nandan, Advocate.
For the Opposite Party/s : Mrs. Nirmala Kumari, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
8 13-10-2014Heard the counsel for the petitioner and the State.
The petitioner is the Headmistress of Dr. Nemichand Sastri Kanya Uchch Vidyalaya situated at Ara town in the district of Bhojpur. One Anu Priya, a student of Std. X of the same school, is alleged to have been assaulted at the hands of the petitioner. The mother of the aforesaid girl lodged a complaint that her daughter along with two others, without taking permission from the school authorities, had gone to Patna to attend some function in honour of the Sports Minister. This led the Principal of the school (petitioner) to give corporeal punishment to the daughter of the informant and two others.
Patna High Court Cr.Misc. No.10695 of 2011 (8) dt.13-10-20142/4
A perusal of the investigation papers reveal that the students were chastised for not showing disciplined behaviour. The students of a reputed school before participating in any function, that also outside the territorial jurisdiction of the district in which the school is situated, ought to take permission from the school authorities.
Learned counsel for the petitioner submits that the informant, who is the mother of one of the girls who is said to have been assaulted by the Principal, was basically aggrieved by the fact that explanation was sought for from her child as to why permission for attending the function at Patna was not taken. The informant claims herself to be the Commissioner of local Scouts and Guides Organization. A functionary of the Scouts and Guides Organization is supposed to know that there are some precepts of discipline which are generally followed in educational institutions. A student cannot, of his own, absent himself / herself and attend any function outside the District Headquarters.
From the perusal of the police papers, it further appears that the girls, who are said to have been assaulted at the hands of the petitioner, have made divergent statements and some of them have not even named as to which functionary of the Patna High Court Cr.Misc. No.10695 of 2011 (8) dt.13-10-2014 3/4 school assaulted the girls. A look at the injury suffered by the daughter of the informant further buttresses the contention of the petitioner that lesser than mild force was used by the petitioner, and that also, for enforcing discipline in the school. No doubt, in today's world, there is no scope of any corporeal punishment as it is perceived as violence albeit for a noble purpose.
Considering the fact that the petitioner enjoys the reputation of being a good disciplinarian and successful Headmistress at that as also the fact that there could have been no other intention for the petitioner to have reprimanded/assaulted the daughter of the informant but for enforcing discipline, no useful purpose would be served in putting her to trial in the present case. This Court is not showing any sympathy to the Principal of the school, who has chosen to inflict physical punishment upon one of her students, but considering the fact that the purpose was to enforce discipline, this Court holds that the offences, for which the petitioner is being charged, cannot be said to have been made out.
The order dated 11.08.2010 passed by the Judicial Magistrate 1st Class, Ara in G.R. No. 272/2006 / Tr. No. 1174/2008, arising out of Ara Town P.S. Case No. 23 of 2006, refusing to discharge the petitioner, therefore, is unsustainable in Patna High Court Cr.Misc. No.10695 of 2011 (8) dt.13-10-2014 4/4 the eyes of law.
The application is allowed.
The petitioner is discharged in terms of Section 245 of the Code of Criminal Procedure.
(Ashutosh Kumar, J) Dilip.
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