VIJAI Vs. STATE

JUDGEMENT

(1.) THE petitioner has filed the Criminal original petition praying to call for the records relating to the investigation in Crime No. 9 of 2004 on the file of the Inspector of Police, District Crime Branch, Vellore and quash the FIR as against the petitioner herein.

(2.) THE case of the petitioner is that the father of the petitioner is the Managing Life Trustee of 'jai Bharat Charitable Trust"; that the trust is running educational Institutions including Priyadarshini Engineering College at Chettiappanur Village, Vaniyampadi; that the trust consists of the Managing Trustee and 13 other life trustees; that due to the difference of opinion among the trustees, dispute arose between them following which Thiru K. T. Anbazhagan, Life Trustee joining with seven other life trustees have filed C. S. No. 294 of 2003 before this Court seeking change of administration of the trust from the hands of A1; that pending suit, the trustees have sought for production of accounts and appointment of an Administrator to run the college; that A1, the father of the petitioner herein had consented for the appointment of an Administrator and this Court appointed Mr. Justice V. Rengaswamy, a retired Judge as Administrator pending disposal of the suit.

(3.) IT is the further case of the petitioner that K. T. Anbazhagan along with seven other trustees preferred a false complaint to the Administrator alleging that the first accused is going on collecting a sum of Rs. 3500/- from each student towards the Development fees and the said amount was not brought on record; that the Accountant denied that every payment is made only through bank and therefore the Administrator concluded that the allegation is not supported by any material; that the said K. T. Anbazhagan once again preferred a complaint addressed to the Deputy Inspector General of Police, Vellore levelling similar allegations; that the respondent police registered a case in Crime No. 9 of 2004 for the offences under Sections 403 and 406 IPC against 4 persons ;that the sum and substance of the complaint is (1) that without authorisation of the Board, a sum of Rs. 25 lakhs has been collected towards development charges and the same has been misappropriated by the Managing Trustee (A1) ; (2) that the second allegations is that a sum of Rs. 15 lakhs was collected as fine towards late attendance by the students which is also without the authorisation of the Board and the said sum has also been misappropriated by the managing Trustee (3) that the third allegation is that the Internet and browsing equipments and computers are missing from the college and it is alleged that the petitioner (A2) who is the son of the Managing Trustee (A1) is in possession of all those equipments.