same was sent to the concerned police station under section 156(3) Cr.P.C. by the learned court for institution of F.I.R. and investigation and after investigation police has submitted chargesheet showing the case civil in nature and no criminality has been involved so far as petitioners are concerned and on the protest petition filed by the O.P. No. 2, learned court has taken cognizance by order dated 09.12.2016 against the petitioners who are members of governing body as well as society which runs Sarswati Vidya Mandir as O.P. No. 2 was principal of Padmawati Jain Shishu Vidya Mandir, Chaibasa whose services however was terminated by the Managing Committee on account of defalcation which had taken place. He further submits that after defalcation came into light, the complainant had caused disappearance of important documents which led to institution of F.I.R against O.P. No.2 in which he is said to be absconding. Learned senior counsel for the petitioners further submits that after O.P. No. 2 was given show cause, the service of the O.P. No. 2 was terminated by a reasoned order dated 03.06.2016 which was challenged before the Jharkhand Education Tribunal in which the O.P. No. 2 had also lost. By referring complaint petition, learned senior counsel for the petitioners further submits that no ingredient of criminality is disclosed in the entire complaint petition. He further submits that the learned Magistrate differing with the Final Form submitted by the police has taken cognizance of the offence punishable under sections 452, 454, 354(B), 387, 406, 420, 467, 468, 120B/34 of the I.P.C. and summoned the accused persons to face trial. Learned senior counsel for the petitioners further submits that initiation of said complaint case was malicious prosecution against all the members of the educational society on
