(1.) This criminal original petition has been filed under Section 482 of Cr.P.C., to call for the records in S.C.No.54 of 2009 on the file of the Principal Sessions Judge (P.C.R.Court), Pudukkottai and to quash the same.
(2.) It is averred in the petition that the 4th respondent/defacto complainant filed Crl.O.P.(MD)No.2984 of 2007 under Section 482 of Cr.P.C. to direct the respondent therein to register a case on the basis of the complaint given by him dated 16.02.2007 and this Court, dismissed the said criminal original petition. Suppressing the order in that criminal original petition, he again filed Crl.O.P.(MD)No.12847 of 2007 and obtained an order to approach the concerned forum under Section 156(3) of Cr.P.C., or under Section 173(8) of Cr.P.C. On the basis of that order, he moved the Judicial Magistrate and the complaint was forwarded under Section 156(3) of Cr.P.C., to the police. The complaint has not been given by any aggrieved person and the police, on the basis of the complaint, registered a case and without proper investigation, laid charge sheet as against the petitioner/accused. The allegation against the petitioner is that when the students questioned the petitioner about the illegal collection of the amount towards fee, he abused them with derogatory words by degrading the caste of the student.
(3.) The petitioner, being Principal of the school, was informed that one Ramasaravanan, Plus Two student vomited in the class room and four other students were also in the class under the influence of alcohol. On hearing this, he went to the class room and chastised the above students in the presence of other students. He also chastised the said students for delayed payment of fees. Enraged at that, the above students caused to lodge the complaint through the stranger, the 4th respondent herein. Therefore, it is nothing but, an abuse of process of law and the case against the petitioner is to be quashed.