BETHANY EDUCATIONAL SOCIETY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The first information report was lodged for the offence punishable under Sec. 420 of IPC and Sec. 123 of the Karnataka Education Act, 1983 against the petitioners alleging that on inspection of school premises on 17/9/2018, it was found that the petitioners were running LKG and UKG classes without prior permission from the Education Department and it is further alleged that 127 children were studying in LKG and 124 children were studying in UKG and a sum of Rs.11,700.00 was collected from each student towards tuition fee and other miscellaneous expenses.

(2.) The police have registered the FIR in Cr.No.399/2018. Taking exception to the same, this petition is filed.

(3.) Shri P.P. Hegde, learned Senior Counsel appearing for the petitioners submit that the offence punishable under Sec. 123 of the Karnataka Education Act is a non cognizable offence and as such the registration of the first information report by the police is contrary to Sec. 155(2) of Cr.P.C., and Sec. 137 of the Karnataka Education Act.