Suresh Kumar Gupta ORDER
Suresh Kumar Gupta, J.
1. This application under Section 482 Cr.P.C. has been filed by the applicant Smt. Shakuntala Tyagi with the request to quash the summoning order dated 01.10.2002 passed by learned Judicial Magistrate, Garhmukteshwar, Ghaziabad and quash the further proceedings of Case Crime No. 358 of 2000 under Section 409 I.P.C. Police Station-Garhmukteshwar, District-Ghaziabad in (Kanta Prasad versus Smt. Shakuntala Tyagi) pending in the Court of Judicial Magistrate Garhmukteshwar, Ghaziabad.
2. Learned counsel for the applicant requested to accept the final report dated 22.02.2001 submitted by Investigating Officer and stay the entire proceedings in Case Crime No. 358 of 2000 under Section 409 I.P.C.
3. I have heard the learned counsel for the applicant and learned A.G.A.
4. The brief facts of the case are that the institution as Adarsh Kanya Inter College managed by Management Committee where applicant was working as a permanent principal of the aforesaid college.
5. Opposite party no. 2 who was neither the member of the Committee of Management nor even the member of General body of the said institution made a report to the Police Station against the applicant but the police did not find any prima facie case against the applicant and did not register the case but the opposite party no. 2 moved an application under Section 156(3) Cr.P.C. in court. On the basis of this application Judicial Magistrate Garhmukteshwar, directed the police to register and investigate the case. As per direction of the Magistrate a case was registered under Section 409 I.P.C. in P.S. Garhmukteshwar. After investigation the case under Section 409 I.P.C. Investigating Officer submitted that as no evidence against the applicant and submitted the final report before the learned court concerned under Section 409 I.P.C.
6. Investigating Officer submitted his final report that 35,000/- Rs. of Sanchayika amount as collected by college student has been used for construction of School Baramda and the Committee Management of Institution passed the resolution for utilizing of the said amount in construction of School Baramda.
7. Opposite party no. 2 filed protest petition on 22.04.2002 along with affidavit and another affidavit of Sri Krishna Pal Singh before the Judicial Magistrate with protest petition.
8. Learned Judicial Magistrate accepted the protest petition and has summoned the petitioner for appearance before the Court. Applicant stated that no evidence under Section 409 I.P.C. is made out against the applicant and prayed before the Court to quash the summoning order dated 21.10.2002 passed by Judicial Magistrate, Garhmukteshwar, District-Ghaziabad. Applicant contended that Magistrate cannot summon the applicant under Section 409 I.P.C. by adopting the procedure ........