IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.07.2009 CORAM: THE HONOURABLE MR.JUSTICE C.S.KARNAN Crl.O.P.No.16876 of 2007 and M.P.No.1 and 3 of 2007 1.P.M.Munusamy 2.Shanthi 3.Ponnusamy 4.Karthi 5.Sridhar 6.Mala 7.Eswaramoorthy 8.Karunagaran .. Petitioners Versus State represented by Inspector of Police, Bhavani Police Station .. Respondent Petition filed under Section 482 Cr.P.C to call for the records in Crime No. 277 of 2007 on the file of the Respondent police and quash the same. For Petitioners : Mr.T.Murugesan, Senior Counsel For Respondent : Mr. R.Muniappa raj Government Advocate (Crl. Side) O R D E R The above criminal O.P has been filed by the petitioners to call for the records in Crime No.277 of 2007 on the file of the Respondent police and quash the same. 2. The petitioners contended in their petition that the Respondent Police registered a case in Crime No.277 of 2007 under Sections 294 (B), 306, and 506 (ii) of I.P.C against the petitioners on the complaint dated 26.5.2007 preferred by one Sindhuja against all the petitioners. 3. The defacto complaint stated that she completed higher secondary examinations and joined in the 1st petitioner's Teacher https://hcservices.ecourts.gov.in/hcservices/ Training Institute namely Jayashanthi Teacher Training Institute in Erode District. She paid Rs.1,10,000/- and Rs.37,500 as fees and Rs.5,000/- towards the Court expenses to the petitioner's Management. Totally 52 students were joined in the petitioner's institutions. The students were not permitted to take their examination. So, all the students assembled in front of the Training Institution. Immediately, the Respondent and Tahsildar also intervened. The next day, the students gathered in front of the Bhavani Taluk Office and stated their grievances. No positive reply was forthcoming from the petitioner's Institution. So, the frustrated Defacto complainant, swallowed 15 tablets and was admitted in the hospital and case was registered in Crime No.277 of 2007 under Sections 294 (b), 306 and 511 OF IPC. 4. The petitioners further submitted that regarding the teachers training institution, they had approached the court to get proper recognition and accommodate the students in the said institution. But it is turned out to be a fruitless exercise. In the said situation, one Anita, preferred a complaint before the Ammapettai Police Station, alleging that the management had allowed only 50 students to take the examination and detained the remaining students and threatened them and a case in Crime No.544 of 2006 was registered against the management members of the institution under Section 120(b), 342, 506 (ii) and 420 I.P.C. 5. In the said case, the petitioners were granted bail. The petitioners further alleged that the Respondent police, without considering all the facts and circumstances of the case, had registered a case against the petitioners. 6. Hence, the petitioners seek quash of proceedings in Crime No. 277 of 2007 registered on the file of the Respondent police. 7. The Respondent police has filed counter statement stating that the petitioners institution had not obtained any permission from the concerned authorities for conducting the Teacher Training Course and inspite of that made wrong representation by way of publication in the newspapers for the admission of students. Based upon the publication, the students had approached the institution and paid Rs.1,15 lakhs, each in addition to the regular tuition fees of Rs.37,500/- per student, in total Rs.75,07,000/- had been collected by the management from the students. The victims, i.e the students agitated against the institution. One student consumed 15 pills of sleeping tablets. The Respondent submitted that the prosecution is ready to proceed further with the case in accordance with law. 8. The arguments of both the parties have been heard by the Court. https://hcservices.ecourts.gov.in/hcservices/ 9. Considering the facts and circumstances of the case and arguments of the Counsel, the Court is of the view that in the interest of the poor students, the case has to be tried. Hence, the Court is not warranted to interfere in Crime No.277 of 2007 on the file of the Respondent police. Accordingly, the Criminal Original Petition has got to be dismissed and hence it s dismissed. Consequently, connected Miscellaneous Petitions are closed. sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar mra To 1.The Inspector of Police, Bhavani Police Station 2.The Public Prosecutor, High Court, Madras Crl.O.P.No.16876 of 2007 and M.P.No.1 and 3 of 2007 CO RL SRA 06/08/2009 https://hcservices.ecourts.gov.in/hcservices/