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Allahabad High Court stays hearing of ongoing criminal case against principal, staff of Kumari Udyan Balika Inter College Kanpur

The Allahabad High Court has stayed the hearing of the ongoing criminal case against the principal and teachers of Kumari Udyan Balika Inter College, Ashok Nagar, Kanpur Nagar in the court of Chief Metropolitan Magistrate, Kanpur Nagar.

A Single Bench of Justice Prashant Kumar passed this order while hearing an application under section 482 filed by Sr.Maria Ria And 5 Others.

The application has been preferred by the applicants to quash the entire proceedings of Case under Sections 147, 149, 323, 504, 506 I.P.C and Final Report dated 31.12.2022, P.S Swaroop Nagar, District Kanpur Nagar, pending in the Court of Chief Metropolitan Magistrate, Kanpur Nagar.

Counsel for the applicants submitted that the applicants are Principal and teachers of school, in which the daughter of respondent no 2 was studying. There was an outstanding fee of about Rs 49,000/- which was due. The teacher asked the student to call her parents to remind them of the unpaid fee. The opposite party no 2, her husband and her daughter, who was studying in that school, came to the school and created a ruckus, where they called the police. The police looked into the complaint of opposite party no 2 and also looked into the CCTV footage. Nothing was found against the applicants. The statements of the Principle, teachers and students were taken by the police.

Thereafter, the opposite party no 2 gave an undertaking that she will pay the entire fee and her daughter should be allowed to appear in the examination, the same was allowed. Instead of paying the fee, the opposite party no.2, went ahead and again lodged a fresh FIR on the same set of allegations at the same police station being FIR under Sections 147, 149, 504, 506 I.P.C, P.S Swaroop Nagar, District Kanpur Nagar, since, there was no criminal case and the first FIR was still pending before the investigating officer.

Counsel for the applicants submitted that the second FIR in any case was not maintainable and moreover both the FIRs have been filed only as a counterblast because the school asked for the outstanding fee. Lodging of this second FIR was nothing but to create pressure upon the applicants so that they do not ask for the outstanding fee in future.

The Court observed that the matter requires consideration.

The Court has granted four weeks time to file counter affidavit for respondents and two weeks time to file Rejoinder affidavit.

“Till the next date of listing, further proceedings of Case under Sections 147, 149, 323, 504, 506 I.P.C and Final Report dated 31.12.2022, P.S Swaroop Nagar, District Kanpur Nagar, pending in the Court of Chief Metropolitan Magistrate, Kanpur Nagar shall remain stayed”, the Court ordered.

The Court has fixed the next hearing of the petition on August 28, 2023.

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