YESODHA Vs. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, AND OTHERS

JUDGEMENT

(1.) Accused in C.C. No.884 of 2013 on the file of the Judicial First Class Magistrate Court-I, Thamarassery has approached this Court for quashing Annexure-1 complaint and Annexure-2 order passed by the learned Magistrate taking cognizance of offences punishable under Sections 469 and 471 of the Indian Penal Code, 1860 (in short, "IPC") .

(2.) Heard the learned counsel for the petitioner and the 2nd respondent/complainant. Learned Public Prosecutor is also heard.

(3.) Gist of allegations in Annexure-1 complaint is as follows: Petitioner is the headmistress of Narikkuni A.U.P. School. It is alleged that on 23.09.2011 a contest for writing complaints against a particular male teacher in the school was conducted at the aegis of the petitioner. It is alleged that four girl students of 7th standard were asked to write a complaint against him alleging that he was in the habit of molesting them and outraging their modesty. On the basis of the complaint, the authorities under the Kerala Education Act and Rules started action against him. Further, a police complaint was also filed against the said teacher. Annexure-4 is the first information report in Crime No.42 of 2012 registered by the Koduvally Police under Section 354 IPC against the male teacher. The present complainant is mother of a student, who, along with others, said to have gave a complaint against the male teacher. As per the averments in the complaint, the petitioner misled the students and in order to wreak personal vengeance and also at the instance of the manager of the school, she caused the students to file a false complaint against the teacher. According to the averments in the complaint, thereby the petitioner has committed the aforementioned offences.