Madrasdated High Court · 2025

Crl. O.P. Nos. 3653, 3675, 6570 of 2025 and 7718 of 2024In Crl.O.P.No.3653 of 2025 For Petitioners: Mr.R.Srinivas, Senior Counsel for Mr.K.Prem AnandFor Respondents:Mr.R.VinothRaja for R1 Government Advocate(Crl. Side) Mr.R.Amardeep for R2for M/s.Tamizh Law firm In Crl.O.P.No.7718 of 2024 For Petitioner: Mr.R.Srinivas, Senior Counsel for Mr.K.Prem AnandFor Respondents:Mr.R.VinothRaja for R1 Government Advocate(Crl. Side) Mr.K.Priya for R2 In Crl.O.P.No.3675 of 2025 For Petitioner: Mr.R.Srinivas, Senior Counsel for Mr.SwamisubramanianFor Respondents:Mr.R.VinothRaja for R1 Government Advocate(Crl. Side) Mr.R.Amardeep, for R2for M/s.Tamizh Law firm In Crl.O.P.No.6570 of 2025 For Petitioner: MrV.Chandrasekar for Mr.K.Prem AnandFor Respondents:Mr.R.VinothRaja Government Advocate(Crl. Side)3/18 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 3653, 3675, 6570 of 2025 and 7718 of 2024C O M M O N O R D E RCrl.O.P.Nos.3523, 3675 of 2025 and 7718 of 2024 have been filed to quash the proceedings in C.C. No. 89 of 2023 on the file of the Judicial Magistrate-II, Virudhachalam.2. Crl.O.P.No.6570 of 2025 has been filed to transfer the investigation in Crime No. 4 of 2020 dated 06.01.2020 on the file of the respondent police to any other independent investigation agency and file final report within the stipulated period.3. The petitioners in all the petitions are arrayed as A1 to A10. Therefore, these Petitions are being disposed of by way of this common order.4. The case of the prosecution is that, the second respondent was appointed as a Secondary Grade Teacher in Senthil Matric School in the year 2014 by then Chairman N. Elavarasan and his son Senthil Anand, who is the permanent trustee of M/s. Senthil Educational Trust situated at Periyavadavadi, Virudachalam Taluk, Cuddalore District. While being 4/18 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 3653, 3675, 6570 of 2025 and 7718 of 2024so, in the year 2019, the accused had appointed the first accused as Principal of that School instead of one Paneerselvam. Therefore, the first accused abused the said Paneerselvam in filthy language and also slapped him in his face on 05.07.2019. However, the first accused lodged false complaint on 16.12.2019 as against the then Chairman and others with allegation that they attacked the staff with the aid of henchmen. While being so, on 06.01.2020 at about 10.30 am, when the second respondent was in the the school, the accused had illegally trespassed into school premises and had caused damages to the school properties. When it was questioned by the second respondent, they abused her with filthy language and also attacked her with hands and legs. When the second respondent refused to handover the position of the first accused, the other accused persons caught hold of her hands and she was pushed down from her seat and was also threatened with dire consequences. Though the second respondent lodged complaint before the first respondent, no action has been taken on the complaint. Therefore, she lodged a private complaint before the Jurisdictional Magistrate Court and only after the direction issued under Section 156(3) Cr.P.C., the first respondent registered the FIR in Crime No. 344 of 2021. 5/18 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 3653, 3675, 6570 of 2025 and 7718 of 20245. After completion of investigation, the first respondent filed a final report and the same has been taken cognizance in C.C.No.89 of 2023 on the file of the Judicial Magistrate No.II, Virudhachalam, Cuddalore District for the offences under Sections 147, 148, 294(b), 448, 352, 506(i) of IPC and Section 4 of Prohibition of Harassment of Women Act, 2002.6. Mr. R. Srinivas, the learned Senior Counsel for the petitioners submitted that, on 01.09.2019, one of the trustees namely one Elavarasan was removed from trusteeship by a majority of trustees on the allegation that he had committed fraud, cheating and misappropriation of trust property for his personal benefits. Further, he also caused serious threat to the students, teachers and all the educational institutions run by the trust. Therefore, the first accused/Principal in this case and other trustees had filed direction petition before this Court in Crl. O.P. No. 18637 of 2019 seeking police protection to run the institution peacefully.6/18 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 3653, 3675, 6570 of 2025 and 7718 of 20247. This Court by an order dated 15.07.2019, directed the second respondent to ensure smooth functioning of the school without any disruption to the teachers and the students. Subsequently, he was issued show cause notice and he was removed from the trusteeship. Infact, his removal was also confirmed by Addendum Deed dated 30.09.2019. It was not at all challenged by the said N. Elavarasan. The second respondent is a close relative of the said trustee Elavarasan and she had never been worked as a Principal of the school. Infact, on 13.12.2019, the teachers of their school lodged complaint against the second respondent alleging that she is threatening them to support the removed trustee, failing which they will face dire consequences. 8. While being so, on 16.12.2019, the second respondent and the removed trustee, N. Elavarasan trespassed into the school and caused serious threats. Therefore, on the complaint, the first respondent registered the FIR in Crime No.290 of 2019 for the offences punishable under Sections 452, 294(b), 341 and 506(ii) of IPC. Infact, the said FIR was referred before the Executive Magistrate cum Sub Collector, Virudhachalam for initiation of proceedings under Section 145 of Cr.P.C.7/18 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 3653, 3675, 6570 of 2025 and 7718 of 20249. After due enquiry, the order has been passed and the possession and administration of the school by one of the petitioner / A7 was confirmed. Thereafter, on the alleged date of occurrence i.e., on 06.01.2020, the second respondent along with others forcefully entered into the school campus in order to take illegal possession of the campus and caused threat to the students and other staff. Therefore, the first accused in this case lodged complaint on the very same date of occurrence i.e., 06.01.2020 before the first respondent and the same was registered in Crime No.4 of 2020 for the offences under Sections 294(b), 143, 452, 341 and 506(ii) of IPC as against the men agents of the said N. Elavarasan and the second respondent herein. On the very same day, the second respondent was dismissed from service. The said order was also produced under the proceedings initiated by the Executive Magistrate cum Sub Collector under Section 145 of Cr.P.C. 10. After considering the above facts and circumstances, by an order dated 28.02.2020 directed to maintain status quo and directed both the parties to approach the Civil Court for appropriate relief. The relevant portion of the order dated 28.02.2020 is extracted hereunder: -8/18 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 3653, 3675, 6570 of 2025 and 7718 of 2024“nkw;fz;l Mtz';fisg; ghprPyid bra;J fPH;f;fz;lthW Fw;w tprhuiz eilKiwr;rl;lk; 145(1)?d; fPH; Mizaplg;gLfpwJ/1/ bre;jpy; fy;tp mwf;fl;lisapd; gs;sp eph;thfk; 06.07.2019?y; ,Ue;nj "B"party ?d; fl;Lg;ghl;od; fPH; tug;bgw;Ws;sJ vd;gJ k';yk;ngl;il fhty; epiya kD urPJ vz;/286/2019. ehs; 06.07.2019 kw;Wk; Ky; jfty; mwpf;if vz;/290-2019. ehs; 16/12/2019?d; Kyk; bjhpa tUfpwJ/2/ ,e;jf; fy;tpahz;oy; gs;spapd; midj;Jj; njh;t[ eltof;iffs; kw;Wk; Mrphpah;fSf;F Cjpak; Mfpait "B"party ?d; K:ykhf eph;tfpf;fg; gLfpwJ/3/ bre;jpy; fy;tp mwf;fl;lis eph;thfk; 06/07/2019 Kjy; 16/12/2019 tiu "B"party ?d; fPH; fl;Lg;ghl;oy; ,Ue;J te;jJ vdj; bjhpfpwJ/4/ CHpah;fSf;F rk;gsk; tH';fpajw;fhd t';fp ghpth;j;jidfs; ehsJ tiu "B"party ?d; fl;Lg;ghl;oy; cs;sJ/5/ t';fp ghpth;j;jid bjhlh;ghd midj;J Mtz';fs;. CHPah;fspd; rk;gsk; kw;Wk; nkw;go mwf;fl;lis ,a';Ftjw;fhd Kf;fpakhd Mtz';fspy; ifbahg;gkpLk; mjpfhuk; bry;tp v!;/jpt;ah vd;gtUf;F tH';fg; gl;lJ vd;w tptuk; "B"party bfhLj;Jf;bfhz;l 52?tJ mtruf; Tl;lj;jpy; vLf;fg;gl;l Kot[fspd; K:yk; bjhpatUfpwJ/ 6/ A party iar; rhh;e;j ,stud; j-bg ehuhazrhkp vd;gtiu mwf; fl;lisapypUe;J rl;lg;go ePf;fk; bra;jij TLjy; gj;jpuk; vz;/35?d; K:yk; ehs; 30/09/2019 md;W tpUj;jhr;ryk;. rhh;gjpthsh; mYtyfj;jpy; gjpt[ bra;ag;gl;Ls;sJ/ ve;jbthU tYf;fl;lhaj;jpd; mog;gilapYk; ePf;fk; 9/18 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 3653, 3675, 6570 of 2025 and 7718 of 2024bra;ag;gltpy;iy vdj; bjhpatUfpwJ/7/ bre;jpy; fy;tp mwf;fl;lisapd; jpdrhp eph;thfk;. gzg; ghpth;j;jid kw;Wk; mwf;fl;lis rhh;ghf bfhs;Kjy; bra;ag;gl;l tptuk; Mfpait bjhlh;e;J "B"party ?d; K:yk; bjhlh;e;J bray;gl;L te;jJ vd;gJ mth;fs; rkh;g;gpj;j Mtz';fspd; mog;gilapy; bjhpa tUfpwJ/8. In enquiry, it was observed that “B” Party is in actual enjoyment of the said subject, that is Senthil Education Trust and carrying out all the day to day administration and financial affairs pertaining to the Senthil Education Trust based on the valid evidence before their court.9. After perusing the evidences produced by both the parties, it is observed that “B” Party was in actual possession of the said subject and No forcefull or wrongful dispossession of any party was observed.10. In exercise of power under sub Section (4) of 145 Cr.P.C., both the parties A and B were head, received all such evidences as produced by them, it is observed that there has been No forceful or wrongful dispossession of 'A' party within two months before the date of 18.02.2020 of order issued under sub Section (1) of 145 Cr.P.C.11. In exercise of power under sub Section 6(a) of 145 Cr.P.C., it is hereby noted that under the proviso to sub section (4) of 145 Cr.P.C. The 'B' party be treated as being in possession of the said subject i.e., Senthil 10/18 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 3653, 3675, 6570 of 2025 and 7718 of 2024Education Trust and 'B' Party is entitled to possess the property until evicted therefrom in due course of law and forbidding all disturbances to 'B' party for its rightful possession until such eviction.12. No regular affairs like imparting academic knowledge, conducting examinations and salaries to staff to be deferred.13. School regular administration has to be carried out under the management as that existed as on date 06.07.2019 and 16.12.2019.14. This order be served and submitted as in the manner laid down in sub section (3) of 145 Cr.P.C., to all the parties concerned.nkw;go "A"party kw;Wk; "B"party ,ilna fle;j ehd;F khj';fshf bre;jpy; fy;tp mwf;fl;lis eph;tfpg;gJ bjhlh;ghf jfuhW Vw;gl;Ls;sjhy; rl;lk; kw;Wk; xG';F rPh;Fiyt[ Vw;gLk; epiy cs;sJ/ nkYk; ,g;gpur;rid chpik rk;ke;jg;gl;ljhf ,Ug;gjhy; rptpy; ePjkd;wj;ijj; bjhlh;g[ bfhz;L ghpfhuk; njof;bfhs;st[k;. mJtiu ehsJ njjpapy; cs;s epiyik ePl;of;ft[k; ,jd; K:yk; Mizaplg;gLfpwJ/”11. Thus, it is clear that the petitioners are in possession and administration of the Senthil Educational Trust and they are entitled to possess the property until evicted there from in due course of law. 11/18 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 3653, 3675, 6570 of 2025 and 7718 of 202412. In pursuance of the same, the family members of the said Elavarasan were removed from the membership of the trusteeship and they had filed suit in O.S. No.58 of 2020 on the file of Sub Court, Virudhachalam for declaration and also injunction and it is pending for adjudication. However, the said Elavarasan never challenged his removal from his trusteeship so far. In the meantime, the order passed under Section 145 Cr.P.C., was also challenged before this Court by way of Crl.R.C.No. 736 of 2020 and the same was also dismissed by this Court by an order dated 07.09.2022. 13. After having been failed before various forums, the second respondent with ulterior motive, directly filed a private complaint in Crl. M.P. No. 2691 of 2021 before the jurisdictional magistrate Court, Virudhachalam and sought for direction under Section 156(3) of Cr.P.C. Pursuant to the direction, the first respondent registered the FIR in Crime No. 344 of 2021 for the occurrence allegedly taken place on 06.01.2020 for the offences punishable under Section 147, 148, 294(b), 448, 352, 506(i) of IPC r/w Section 4 of Tamilnadu Prevention of Women Harassment Act. 12/18 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 3653, 3675, 6570 of 2025 and 7718 of 202414. When the FIR registered in Crime No.4 of 2020 is very much pending for the very same occurrence, the first respondent registered the FIR and also completed investigation in Crime No.344 of 2021 and filed a final report. 15. That apart, in another proceedings, the Executive Magistrate by its proceedings dated 26.12.2023 once again identified the first accused in this case as the actual Principal and the 7th accused is the correspondent of the Sentil Educational Institution and directed to continue to administer the school and other educational institutions under the trust. Therefore, the entire proceedings in C.C.No.89 of 2023 is nothing but clear abuse of process of law of Court. Infact, there is no proof to show that immediately after the alleged occurrence dated 06.01.2020, the second respondent lodged complaint before the concerned jurisdictional police. After having been failed before all forums, the second respondent has directly filed a private complaint before the concerned jurisdictional magistrate and obtained direction under Section 156(3) of Cr.P.C. There is no explanation for the huge delay in lodging the complaint. 13/18 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 3653, 3675, 6570 of 2025 and 7718 of 202416. Even on perusal of the charge sheet, there is absolutely no material to attract any offence as against the petitioners. Wherein the petitioners are in administration of the trust and the correspondent of the school, there is no question of trespass into the school premises to attract the offence under Section 448 of IPC. When the petitioners are in administration and possession of the trust, the offence under Section 147 and 148 are not at all attracted as against the petitioners.17. It is also seen from the final report filed by the first respondent, the 10th accused namely the 8th petitioner in Crl.O.P.No.3653 of 2025 is shown as one of the witnesses in the final report. When he has been arrayed as 10th accused, he cannot be a witness in favour of the prosecution to depose against himself. It shows the manner in which the first respondent has investigated the crime. Therefore, the entire proceedings in C.C. No.89 of 2023 is vitiated and liable to be quashed. 18. The Hon'ble Supreme Court of India held in the case of Mahmood Ali v. State of U.P., reported in 2023 SCC OnLine SC 950 14/18 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 3653, 3675, 6570 of 2025 and 7718 of 2024held that the criminal proceedings can be quashed essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive of wrecking vengeance, then in such circumstances, this Court owes a duty to look into the entire proceedings little more closely. It will not be enough for the Court to look into the averments made in the complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not as, in frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection, to try and ready between the lines. 19. In view of the above, the entire proceedings in C.C.No.89 of 2023 cannot be sustained and is liable to be quashed.20. Insofar as transfer of investigation in Crime No.4 of 2020 from the file of the respondent to any other agency is concerned, admittedly, the occurrence took place on 06.01.2020, on the very same date, the petitioner in Crl.O.P.No.6570 of 2025 lodged complaint and the same 15/18 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 3653, 3675, 6570 of 2025 and 7718 of 2024has been registered in Crime No.4 of 2020 for the offences under Section 294(b), 143, 452, 341 and 506(ii) of IPC as against the accused persons.21. After a period of nearly 1 ½ years, the second respondent in other Criminal original petitions, lodged private complaint and obtained directions under Section 156(3) of Cr.P.C., after completing the investigation and also the final report was filed by the respondent. However, the respondent kept the FIR in cold storage without any further progress after registration of FIR. It shows that the respondent had acted in biased manner and simply kept the FIR without any progress. Therefore, if the investigation continues with the respondent's file, the petitioner would not get fair and proper investigation. 22. Hence, this Court is inclined to transfer the investigation in Crime No.4 of 2020 from the file of the respondent to the file of District Crime Branch, Cuddalore District. The Superintendent of Police, District Crime Branch, Cuddalore is directed to entrust the entire investigation in Crime No.4 of 2020 to the Investigation Officer, Inspector of Police, District Crime Branch, Cuddalore District for proper and fair investigation.16/18 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 3653, 3675, 6570 of 2025 and 7718 of 202423. In view of the above, these Criminal Original Petitions are allowed. Consequently, connected miscellaneous petitions are closed.24. The entire case diary in Crime No.4 of 2020 is hereby withdrawn from the file of the respondent and transferred to the file of the Superintendent of Police, District Crime Branch, Cuddalore. On receipt of the same, the Superintendent of Police, District Crime Branch, Cuddalore is directed to handover the entire investigation to the Inspector of Police, District Crime Branch, Cuddalore within a period of two weeks from the date of receipt of the entire case diary from the file of the respondent. On receipt of the entire case diary, the Inspector of Police, District Crime Branch, Cuddalore is directed to complete the investigation and file a final report within a period of 12 weeks from the date of receipt of copy of this order.21.03.2025Index : Yes/NoNeutral Citation : Yes/NoAT17/18 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 3653, 3675, 6570 of 2025 and 7718 of 2024G.K. ILANTHIRAIYAN. J,ATTo1.The Judicial Magistrate No.II, Virudhachalam.2.The Superintendent of Police, District Crime Branch, Cuddalore.3.The Inspector of Police, District Crime Branch, Cuddalore 4.The Inspector of Police, Mangalampettai Police Station, Cuddalore District.5.The Public Prosecutor, High Court of Madras.Crl. O.P. Nos. 3653, 3675, 6570 of 2025 and 7718 of 202421.03.202518/18