P MURUGAIYAN Vs. R KASI

JUDGEMENT

(1.) PETITION filed under Section 482 Cr.P.C to call for the records and quash the proceedings in C.C.No,5206 of 2005 on the file of the IX Metropolitan Magistrate, Saidapet, Chennai- 600 015.) The petitioner has filed the above Criminal Original PETITION to call for the records and quash the proceedings in C.C.No,5206 of 2005 on the file of the IX Metropolitan Magistrate, Saidapet, Chennai.

(2.) THE respondent's/complainant's case is that he has filed the private complaint against the petitioner for an alleged offence under Section 500 of IPC before the IX Metropolitan Magistrate, Saidapet, Chennai. THE complainant has contended that he is working in the General Cariappa Higher Secondary School, Saligramam as Junior Assistant, for the past 33 years. THE complainant, on various dates, has reported to the school committee and the Department of School Education, about the wrongs committed by the accused/ petitioner, as Head Master. Hence, the accused/petitioner started to behave strangely with the complainant and has started to use filthy language against him in front of the students and teachers and has defamed the complainant.

(3.) CHALLENGING this complaint, the petitioner has filed the above Criminal Original Petition to quash the same. Supporting his petition, the petitioner has filed an affidavit in his name and filed three documents. The petitioner has stated that he was awarded a 'Good Teacher award' and also has been given 'National Award' by the Government of India. The said school is an aided school administered by the Tamil Nadu Government. The petitioner contends that if any irregularities is committed by a teacher or non-teaching member, Tamil Nadu Recognised Private Schools Regulation Act will come into play, no Court can take cognizance of such acts. Further, the petitioner contends that as per Section 49 of the Tamil Nadu Recognised Private Schools Regulation Act, 1973, the complainant's case is not maintainable. Further, the petitioner has contended that all the alleged allegations of the complainant had happened during school hours and as such the complainant cannot approach the Court for seeking remedy under Section 500 of IPC. Further, the petitioner has contended that the complainant is subordinate to the petitioner and as such he cannot invoke Section 500 of IPC.