CHANDRASEKHARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in Crl.M.C. Nos. 286l, 2793 and 4448 of 1998 is the same person. He is accused in Crime No. 42/98 and 39/98 and the first accused in Crime No. 94/98 registered by Ramapuram police. The petitioner in Crl.M.C. 4042/98 is the second accused in Crime No. 94/98 registered by Ramapuram Police. These cases are registered against the petitioners alleging offence punishable under S.409 of the Indian Penal Code on the basis of the complaints filed by the respective defacto complainants. Petitioner in Crl.M.C. No. 2793, 2861 and 4448/98 has been working as a clerk in the Vande Matharam High School who is under suspension and the petitioner in Crl.M.C. No. 4042/98 is the Headmistress of the same school. The allegation is that the petitioners committed criminal breach of trust in respect of a portion of the amount payable to the respective defacto complainant due to them from the provident fund accounts on their retirement from service as teachers from the school.

(2.) The petitioners have filed these petitions under S.482 of the CrPC, to quash the F.I.R. registered against them by Ramapuram Police and the consequent investigation against them in these cases. According to them, the entire amounts due to the defacto complainants were paid and they have acknowledged the receipt of the entice amount and the above false cases are registered against them at the instance of the Manager of the school who has been impleaded as the 5th respondent in Crl.M.C. No. 2793, 2861, 4448 and 4th respondent in Crl.M.C. No. 4042/98, since the petitioners have complained against him regarding financial irregularity and defalcation of large amounts belonging to the school.

(3.) Counsel for the petitioners vehemently submitted that there is absolutely no grounds to register the above cases against the petitioners, and there is no scope for conviction of the petitioners for the alleged offences in these cases.