MUKTAK NAVNITLAL KAPADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed by the applicant under section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail.

(2.) The grant of anticipatory bail is prayed for in connection with First Information Report bearing Crime Register No.I-36 of 2017 dated 13th March, 2017 registered with Ghatlodia Police Station, Ahmedabad, in respect of the offences alleged under Sections 406 and 420 of the Indian Penal Code, 1860. The present applicant-accused happens to be the trustee of the school named as accused in the First Information Report. The offences alleged are in relation to extending false promice to the hundreds of parents and inducing them to pay high amount of fees for admission in the Junior Kindergarten on the false pretext that it was in the Central Board (CBSE) syllabus by charging huge amount of fees. The commission of offences were shown to have been occurred since 2015.

(3.) The first informant in the F.I.R. was one of the parents. He stated that he was serving as Purchase Manager at Krishna Shall by since six years, had son aged six years and younger son aged three years. He alleged that during the academic year 2015-16 he was searching a good school for admitting his son to Junior K.G. Class. As he went to the school administered by the applicant-accused, other parents had also come, and the administrator and the principal of the school-the accused persons in the F.I.R., gave out to all the parents who were seeking admission for their wards, that their school had CBSE recognition and such recognition is obtained for the class starting from Nursery to 8th standard. It was promised that the ward would get admitted automatically to the higher standard in the same set-of of course, that is CBSE syllabus. The first informant was charged L 40,000/- towards tuition fees and admission fees. He alleged that however despite payment, no receipt was given to him by the school management. Further fees of L 20,000/- was paid in respect of the term of the next academic year, for which also no receipt was parted with.