N NAATRAYAN Vs. SAKTHIVEL

JUDGEMENT

(1.) IN Crl.OP.Nos.33030 to 33032 filed under Section 482 of Code of Criminal Procedure, the Petitioners have challenged the legality of the order passed by the learned Judicial Magistrate, Bhavani, by which the learned Magistrate has taken cognizance in Cr.MP.No.2355/05 the offences under Sections 147, 148, 294B, 307 and 506(ii) of IPC and since the offence under Section 307 of IPC is triable by the Sessions Court, PRC number Is assigned as PRC.No.25/2005.

(2.) THE basic facts are stated below:-THE Petitioners are the teaching staff of Adharsh Vidyalaya Higher Secondary School and difference of opinion arose between the 1st Respondent on the one hand and K.C.Lingam, the President and Correspondent, Secretary and the Treasurer in charge of the Ideal Educational Trust on the other hand with regard to the management of the Ideal Educational Trust, which runs six schools in the same premises having a total capacity of 4000 students.

(3.) THE Petitioners are aggrieved over the cognizance taken by the learned Judicial Magistrate, Bhavani and issuance of process to the Petitioners on the private complaint given by the 1st Respondent for offences under Sections 147, 148, 294B, 307 and 506(ii) of IPC in PRC.No.25/2005, despite the fact that the complaint lodged by the 1st Respondent with regard to the same set of allegations, which were referred to as a mistake of fact after thorough investigation. THE Petitioners would submit that the 1st Respondent was served with the notice on referred charge sheet, but he did not chose to file any objection and after the same was accepted and closed by the learned Judicial Magistrate as a mistake of fact, he deliberately and intentionally had filed the second complaint verbatim repeating the same allegations.