Kerala High Court
Thrissur District vs By Advs.Sri.K.C.Eldho on 31 March, 2016
Author: B.Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
WEDNESDAY, THE 10TH DAY OF JANUARY 2018 / 20TH POUSHA, 1939
Crl.MC.No. 4276 of 2016
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CRIME NO. 1332/2016 OF MATHILAKOM POLICE STATION ,
THRISSUR DISTRICT
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PETITIONER/ACCUSED
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LALY.A.P
AGED 48 W/O. JEROME PERIERA
PRINCIPAL-IN -CHARGE,
ST. JOSEPH'S HIGHER SECONDARY
SCHOOL, MATHILAKAM, THRISSUR
DISTRICT-680685
RESIDING AT KALAVARAPARAMBIL HOUSE,
PADIYOOR PO, PIN CODE- 680688
MUKUNDAPURAM TALUK, THRISSUR DISTRICT
BY ADVS.SRI.K.C.ELDHO
SRI.JIJO THOMAS
SRI.M.REVIKRISHNAN
RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:
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1. STATE OF KERALA
REPRESENTED BY THE
PUBLIC PROSECUTOR
HIGH COURT OF KERALA ERNAKULAM,
COCHIN- 682031
2. SAJU JUIS.,
AGED 59, S/O. LUIZ,
RESIDING AT KALAPARAMBATH HOUSE
MATHILAKAM PO., PIN 680685
PAPPINIVATTOM VILLAGE, KODUNGALLUR TALUK
R1 BY PUBLIC PROSECUTOR SRI. T. R. RENJITH
R2 BY ADVS. SRI.P.SANKARANKUTTY NAIR
SRI.VENU MENON
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10-01-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sdr/-
Crl.MC.No. 4276 of 2016
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APPENDIX
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PETITIONER(S)' EXHIBITS
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ANNEXURE A1: A TRUE COPY OF THE FIR IN CRIME NO.1332 OF 2016 OF
MATHILAKAM POLICE STATION
ANNEXURE A2: A TRUE COPY OF THE COMPLAINT FILED BY THE
SECOND RESPONDENT
ANNEXURE A3: A TRUE COPY OF THE SUSPENSION ORDER DATED
31/3/2016 ISSUED TO THE PETITIONER BY THE MANAGER
ANNEXURE A4: A TRUE COPY OF THE STAY OF ORDER OF THIS HON'BLE
COURT DATED 8.4.2016 IN WPC NO.14327 OF 2016
ANNEXURE A5: A TRUE COPY OF THE SAID OBC SCHOLARSHIP
DISBURSEMENT ACQUAINTANCE REGISTER
ANNEXURE A6: A TRUE COPY OF THE COMMON JUDGMENT DATED
23.05.2016 IN WPC NO.14327/2016 AND 15188/2016
ANNEXURE A7: A TRUE COPY OF THE REVIEW PETITION DATED
01.06.2016 SUBMITTED BY THE MANAGER
ANNEXURE A8: A TRUE COPY OF THE COMMISSION REPORT DATED
10.06.2016
ANNEXURE A9: A TRUE COPY OF THE JUDGMENT DATED 20-06-2016 IN
WPC NO. 20355/2016 OF THIS HON'BLE COURT
ANNEXURE A10: A TRUE COPY OF THE EXPLANATION DATED 25/06/2016 SUBMITTED BY
THE PETITIONER TO THE ADDITIONAL MEMO OF CHARGE
ANNEXURE A11: A TRUE COPY OF THE FIRST CHARGE MEMO DATED
11/5/2016 SUBMITTED BY THE PETITIONER
Crl.MC.No. 4276 of 2016
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ANNEXURE A TRUE COPY OF THE FIRST EXPLANATION DATED
A11(A) 28/5/2016 SUBMITTED BY THE PETITIONER
ANNEXURE A12: A TRUE COPY OF THE COMPLAINT SUBMITTED TO THE
SUPERINTENDENT OF POLICE OF POLICE (RURAL),
THRISSUR DATED 4.6.2016
ANNEXURE A13 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE SUPERINTENDENT OF
POLICE (RURAL), THRISSUR
RESPONDENTS ANNEXURES NIL
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/TRUE COPY/
PA TO JUDGE
sdr/-
B.KEMAL PASHA, J.
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Crl.M.C.No.4276 of 2016
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Dated this the 10th day of January, 2018
O R D E R
The petitioner was the Principal of St.Joseph's Higher Secondary School, Mathilakam, allegedly being run by 'St.Joseph Educational Corporate Agency' of the Latin Catholic Church. The petitioner was illegally placed under suspension by the Manager. The same was challenged before this Court. This Court ordered reinstatement of the petitioner and the Regional Deputy Director of Education was ordered to conduct an enquiry. An enquiry was conducted and the petitioner was found not guilty of any of the charges.
2. Even then, the petitioner was not reinstated. Consequently, the petitioner had to approach this Court with a contempt case. The Manager of the School was called to this Court and he was admonished. Consequently, in order to Crl.M.C.No.4276 of 2016 2 make it appear that she was re-instated, on record she was reinstated. Thereafter, the petitioner was demoted as a teacher from the post of Principal. The same was also challenged before this Court.
3. An interim order was passed by this Court, directing the Manager to reinstate her as Principal. The said order was not complied with. Consequently, again contempt proceedings were initiated. The Manager was again called and admonished. Thereafter, she was reinstated, since the Manager himself was removed by the Management.
4. Presently, a crime has been registered against the petitioner as Crime No.1332 of 2016 of the Mathilakam Police Station, based on Annexure-A2 private complaint filed by the 2nd respondent, which was referred to the Police under Section 156(3) Cr.P.C., alleging an offence punishable under Section 381 IPC. Some vague allegations are levelled against the petitioner in Annexure-A2, by alleging that some records of the School were found missing. The complaint itself was filed by the 2nd respondent, who claims to be the Secretary of 'St.Joseph Educational Corporate Agency'. He Crl.M.C.No.4276 of 2016 3 has no case that the documents were taken away from his custody. He has no case that he was the custodian of the said records. There is absolutely nothing to invite an offence under Section 381 IPC. Annexure-A2 private complaint itself is one for wrecking vengeance against the petitioner. Matters being so, Annexure-A2 private complaint and Annexure-A1 First Information Report and all further proceedings on it as against the petitioner, are liable to be quashed.
In the result, this Crl.M.C. is allowed and Annexure-A2 private complaint and Annexure-A1 First Information Report and all further proceedings in it as against the petitioner, are hereby quashed.
Sd/-
B.KEMAL PASHA JUDGE DSV/11/1/18 // True Copy // P.A.To Judge