G.S. RAJENDRAN Vs. STATE

JUDGEMENT

(1.) This petition has been filed to quash the proceedings quash the charge sheet in C.C. No. 49/2018 pending on the file of the Judicial Magistrate- II, Srivilliputhur, having been taken cognizance for the offences under Sections 167, 291, 294(b), 406, 420 and 506(i) of I.P.C.

(2.) The learned senior counsel appearing for the petitioners submitted that on the complaint lodged by the 2nd respondent, the 1st respondent registered a case in crime No. 277 of 2012 for the offences under Sections 167, 291, 294(b), 406, 420 and 506(i) of I.P.C. alleging that the petitioners are collecting excess fees in the name of Smart Classes even without conducting Smart Classes. He further submitted that the allegations contained in the complaint has not at all been attracted any penal provisions under the Indian Penal Code. The only remedy available to the 2nd respondent is to approach the authority under the Tamil Nadu Schools (Regulation of Collection of Fees) Act, 2009 (hereinafter referred to as the 'Act'). There is a special law to deal with the complaint regarding collection of fees and a committee was also constituted under the Act for the said purpose. Therefore, the 1st respondent has no jurisdiction to register any complaint under the Indian Penal Code. In fact, this Court held in Crl. O.P. (MD) No. 5558 of 2012 dated 20.08.2014 that the fees determination committee constituted under Section 5 of the Act, alone is empowered to deal with the complaint in respect of the collection of excess fees. Therefore, the 1st respondent has no authority to register any case on the complaint lodged by the 2nd respondent herein.

(3.) He further submitted that the committee constituted under Section 5 of the Act is for the purpose of determination of school fees as per Section 6 of the Act for each and every school. Accordingly, on 07.04.2010, the said committee passed orders determining the school fees to be collected by the petitioners. Since the fees fixed by the committee was much less compared to the expenses incurred for running the school, the school filed objections under Section 6(3) of the Act. Therefore, the committee passed fresh orders on 27.05.2011 and redetermined the fee structure like Admission fee, Library fees, Maintenance and Amenities fees excluding the fees for imparting education through technology like Smart Class etc.