IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO. 6435/2015 BETWEEN:
SMT SELVAKUMARI W/O PHILOMENA RAJ, AGED ABOUT 51 YEARS, EARLIER WORKING AS HEAD MISTRESS, KAUTILYA VIDYALAYA, RBI CAMPUS NOTE MUDRANA NAGAR, MYSORE DISTRICT, KARNATAKA-560 029.
(BY SRI VENKATESH R. BHAGAT, ADV.) AND 1. STATE OF KARNATAKA BY METAGALLI POLICE STATION MYSORE, REPRESENTED BY STATE PUBLIC PROSECUTOR PIN CODE -560 001.
2. THE BLOCK EDUCATION OFFICER MYSORE TALUK, MYSORE-570 001.
... PETITIONER ... RESPONDENTS (BY SRI I.S. PRAMOD CHANDRA, SPP-II) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR IN CR. NO.160/2015 (FIR NO.828/2015) DATED 5.9.2015 PENDING ON THE FILE OF II ADDL. C.J. (JR. DN.) AND J.M.F.C., JLB ROAD, MYSORE FOR THE OFFENCES P/U/S 16 OF THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009, SEC.123 OF THE KARNATAKA EDUCATION ACT, 1983 AND SEC.420 OF IPC, 1860 AT ANNEXURE-A REGISTERED PURSUANT TO COMPLAINT AT CR. NO.160/2015 ON THE FILE OF METAGALLI POLICE STATION AT ANNEXURE-B AND ALL FURTHER PROCEEDINGS THERETO IN SO FAR AS THE PETITIONER IS CONCERNED.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has sought to quash the FIR in Crime No.160/2015 on the ground that she is not named in the complaint.
2. It is submitted that the allegations are leveled only against the Head Master and the Managing Committee of the Kautilya Vidyalaya, Mysore. Hence, the prosecution of the petitioner is illegal and is liable to be quashed.
3. Having heard the learned counsel for the petitioner and the learned SPP-II on behalf of respondent No.1, the contentions urged by the petitioner are totally misconceived and misplaced. A reading of the complaint discloses that serious charges are leveled against the Head Master of Kautilya Vidyalaya that the said school was being run without any sanction from the authorities and by playing fraud, children were admitted into the said school. These allegations undoubtedly require to be investigated.
4. It is not the case of the petitioner that she was no way connected to the said school. If the petitioner was not the Head Master at any point of time, there cannot be any apprehension on the part of the petitioner. But the FIR having been registered against the Head Mater and the Managing Committee of the said school with specific allegations of violation of the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and Karnataka Education Act, the said FIR cannot be quashed at the instance of the petitioner. If for any reason petitioner is not involved in the said school, it is open for the petitioner to convince the investigating officer with regard to the specific position held by her in the said school and seek exoneration on that grounds. With these observations, petition is dismissed.
Sd/- JUDGE VP