LAWS(MAD)-2014-11-532

C SEETHA Vs. INSPECTOR OF POLICE

Decided On November 25, 2014
C Seetha Appellant
V/S
INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) THE Petitioner has come forward with the present Criminal Original Petition to quash the FIR in Crime No.2 of 2014 dated 16.3.2014 filed under Sections 10 and 21(2) of the Protection of Children from Sexual Offence Act, 2012 (herein after called the ''Act 2012 '') on the file of the 1st Respondent insofar as the Petitioner is concerned.

(2.) THE case of the Petitioner is that victim minor girl viz., Gayathri and 3 girl students, who are studying 8th standard in Government Middle School, Melavellur, Thirupuvanam, Sivagangai District, have been sexually molested by one part time Drawing Master viz., S. Gana Uthayam and these girls made a Complaint to the Petitioner and the Petitioner had replied saying that the Drawing Master would have done it playfully and advised not to disclose the matter to anyone and the Petitioner further threatened that those students would be failed in the exam, if they disclose the matter to anyone, Whileso, on 16.3.2014 the said Gayathri informed to her parent about the said incident which has taken place on 12.12.2014 and the said offence attracts the Protection of Children from Sexual Offences Act, 2012.

(3.) THE Petitioner has further stated that she is working as Headmistress in the said School from 2.6.2009 and put in 26 years of service and she came to know about the incident only on 17.2.2014 as she was on Medical Leave from 3.2.2014 to 13.2.2014 and joined duty only on 17.2.2014. It is further stated that the Village Panchayat President and others have made a representation stating that the Education Department has to lodge Police Complaint and also to take Disciplinary proceedings against the said Drawing Master as it would affect the life of the minor girls. According to the Petitioner, her hands were tied and she was unable to make a Complaint as she feared untoward incident may happen to the minor girls, who were affected by the said Drawing Master. The Petitioner also stated that because of the incident, she has been placed under suspension and after submitting her explanation to District Elementary Educational Officer, dated 19.5.2014, the suspension has been revoked and now she is in service. However, Disciplinary proceedings are pending.