KIRITBHAI BHAVANISHANKER PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners have approached this Court by way of this petition under Section 482 of Criminal Procedure Code, 1973 with following prayers.

(2.) THE facts in brief leading to filing this petition as could be gathered from the memo of the petition deserve to be set out in brief in order to appreciate the prayers and justification for the prayers.

(3.) THE petitioners are the employees and connected with a public trust registered under the provisions of Bombay Public Trust Act 1950 run under the style and title of Navjyot Vikas Trust which runs an educational institution called Adarsh Vidhyalaya imparting education up to 12th standard. The respondent no.2 i.e. the complainant, whose son was admitted in 12th standard in science stream in the institution in the month of June 2011 and was also given accommodation in the hostel. As stated by the petitioners on oath in the memo of the petition, the conduct of that student was not up to the mark and some complaints were received from his co -students. The said student was required to be warned and asked to amend his conduct in the classes as well as hostel. The said student as stated by the petitioners in the memo of the petition was not regularly attending his classes. It is further alleged by the petitioners in the memo of the petition that said student was found to be in habit of taking petty things belonging to his room -mates or from the room of other students, and after taking inspection the authorities came to the conclusion that the complaints were correct and, therefore, that student was summoned and was warned and reprimanded. The said facts were brought to the notice of the students father also who happens to be the complainant and respondent no.2 herein. The petitioners have made following averments in para no.11 of the memo of the petition.