SWAMI THIVYANANDA Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking to quash the F.I.R in Crime No.208 of 2017 which is pending investigation on the file of the first respondent police. The F.I.R. names six accused persons and the petitioner has been added as A-2.

(2.) The allegation that has been made by the second respondent in his complaint is that the concerned School is an aided School and one Balamurugan was dismissed from service on 06.04.1993. At that point of time, the accused persons entered into conspiracy and prepared an attendance register as if one Murugan was appointed as Office Assistant from 08.04.1993 and subsequently, the name was changed as Murugaraj and by fabricating the official documents, the accused persons had taken the aid from the Government and have misappropriated the amount sanctioned by the Government and thereby caused wrongful loss to the government as well as to the institution.

(3.) In order to substantiate this complaint, the second respondent relied upon certain documents which he had collected by way of filing R.T.I. applications. The respondent police did not register an F.I.R. and therefore, the second respondent filed an application under Section 156(3) of Cr.P.C. before the concerned Court and based on the direction given by the concerned Court, the respondent police have registered an F.I.R.