SAJU THACHETHUKUDY KURIAKOSE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. G. Uddin, learned counsel for the petitioners. Also heard Mr. K.K. Das, learned Addl. P.P. for respondent no. 1.

(2.) The petitioners, namely, Saju Thachethukudy Kuriakose and Jimmy Gabrial Ainekal have filed this application under Sec. 482 of the Code of Criminal Procedure (Cr.P.C. for short) for quashing the proceeding arising out of FIR vide Palashbari P.S. Case No. 191/2021, (GR Case No. 643(K)/2021), registered under Ss. 420/468/406/294(a)/506/34 of Indian Penal Code (IPC for short).

(3.) The petitioner no. 2 is the Principal of St. Joseph School, situated at Borkuchi, Mirza and the petitioner no. 1, is an employee of school. On 26/3/2021, the respondent no. 2 (hereinafter the informant) namely, Selvan C Johan lodged an FIR contending inter-alia that on 23/3/2021, the petitioners, using abusive language threatened the respondent no. 2 and demanded that the respondent no. 2 leaves the school, where, he was working. The respondent no. 2 claims to be the absolute the owner of St. Joseph School, at Borkuchi Chowk and the petitioner no. 1 was the financial in-charge while the petitioner no. 2 was the Principal of St. Joseph School, at the time of the incident. While the respondent no. 2 was busy with some other projects, both the petitioners had managed the school and they had hatched up a conspiracy to evict the respondent no. 2 from the school and pleaders notice was served upon the respondent no. 2. The petitioners are also alleged to have misappropriated funds from the school amounting to crores of rupees. The respondent no. 2 learnt that the petitioner no. 1 by misappropriating funds purchased land at Sontola. When the respondent no. 2 demanded the school account details to be submitted, the petitioners threatened the respondent no. 2 with dire consequences and verbally abused him in presence of his wife who was also the Vice-Principal of the school at the time of the incident. This FIR was registered as Palashbari P.S. Case No. 191/2021 dtd. 26/3/2021, under Ss. 420/468/406/294(a)/506/34 IPC.