Paruchuri Global Foundation v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2016 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.6077 of 2011 and MP.Nos.1 & 1 of 2011 Paruchuri Global Foundation Rep. by its Founder Mr.Paruchuri Surendra Kumar ...Petitioner Vs.

The State Represented by the Inspector of Police Keelamangalam Police Station, Krishnagiri.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C to call for the records in F.I.R.No.37 of 2011 on the file of the respondent police and to quash the same. For Petitioner : Ms.S.V.Sathiya Bama For Respondent : Mr.C.Emalias Additional Public Prosecutor

O R D E R

This criminal original petition has been filed to call for the records in F.I.R.No.37 of 2011 on the file of the respondent police and to quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3.

On the complaint lodged by one Mathalai Mary, Headmistress, Kundumaranapalli Government High School, Thenkanikottai, Krishnagiri District, the respondent police registered a case in Crime No.37 of 2011 on 30.01.2011 for offence under Sections 409, 294-B, and 506(i) IPC against three persons, challenging which, the first accused has filed the present petition to quash the FIR.

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4. On a reading of the complaint which forms the basis of FIR, it is seen that the Headmistress has alleged that on the instructions of District Educational Officer, an agreement was entered into on 21.03.2009 between the first accused company and the school for making certain developments and providing amenities to school children and that the first accused had transgressed the conditions of the undertaking and demolished the noon-meal centre. When this was questioned by the Headmistress, the first accused appears to have abused and threatened her with dire consequences.

5. Since the FIR discloses the commission of cognizable offence, the same cannot be quashed in the light of the law laid down by the Supreme Court in State of Haryana Vs Bhajan Lal [(1992) Supp [1] SCC 335].

With the above observation, the petition is dismissed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To

1. The Inspector of Police Keelamangalam Police Station, Krishnagiri.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.6077 of 2011 vd[co] srg 30/11/2016 https://hcservices.ecourts.gov.in/hcservices/