Madras High CourtCRL OP/2077/2023disposed of

Bvm Bollineni Hillside Senior Secondary School, v. The State Of Tamil Nadu

2024-08-08Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:08.08.2024 Coram:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN and Crl.M.P.No.1186 of 2023 BVM Bollineni Hillside Senior Secondary School, Unit of BVM Global Education Trust, (Linguistic Minority Institution), Nookampalayam, Perumbakkam Road, Sithalapakkam Post, Chennai 600 126, represented by its Managing Trustee, Thiru.R.P.Ramana Prasad .. Petitioner /versus/ State of Tamil Nadu rep.by Inspector of Police, T-17, Perumbakkam Police Station, Semmancherry Range, Tambaram Police Commissionerate, Perumbakkam, Chennai 600 131.

.. Respondent Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for records in respect of the alleged complaint dated 17.12.2022 registered as C.S.R.No.683 of 2022 referred in the said two notices dated 17.12.2022 issued by the respondent to the Principal and 1/4

Vice Principal separately and quash the same as against the petitioner herein.

For Petitioner :Mr.P.Muralidharan For Respondent :Mr.K.M.D.Muhilan, Govt.Advocate (Crl.Side) ----------

ORDER

The petitioner herein, the School Management, being aggrieved by the complaint given by the erstwhile teacher regarding retention of original certificate after termination is before this Court to quash the complaint dated 17.12.2022.

2 .The learned Government Advocate (Crl.Side) appearing for the respondent submitted that C.S.R.No.683 of 2022, dated 14.12.2022 is still pending since both the complainant and the accused have not participated in the enquiry.

3. In the light of the submissions made by the learned Government Advocate (Crl.Side), it is suffice to direct the respondent police to issue notice to the petitioner under Section 35(3) of BNSS. 2/4

4. The learned counsel appearing for the petitioner submitted that he is ready to hand over the original certificate of the petitioner.

5. If the petitioner returns the original certificate to the complainant, CSR shall be closed.

6. Accordingly, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed. 08.08.2024 Index:yes/no ari To:

1.The Inspector of Police, T-17, Perumbakkam Police Station, Semmancherry Range, Tambaram Police Commissionerate, Perumbakkam, Chennai 600 131.

2.The Public Prosecutor, High Court,Madras.

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DR.G.JAYACHANDRAN,J.

ari and Crl.M.P.No.1186 of 2023 08.08.2024 4/4