High Court of Judicature at Madras
S. NAGAMUTHU
P.M.L. Kalyanasundaram
Versus
State rep. by Inspector of Police
CRL. O.P. No. 13165 of 2012
Decided On : 04-07-2012
1. The petitioner was, formerly, the Minister for Education and Tourism, in the Union Territory of Puducherry. He is the first accused in C.C.No. 32 of 2012 on the file of the learned Judicial Magistrate-I, Tindivanam in Tamil Nadu. Altogether, there are three accused in the case. The learned Magistrate has taken cognizance of offences punishable under Sections 465, 468, 471, 419 r/w. 120-B IPC. Seeking to quash the said proceedings, the petitioner has come up with this petition.
2. The case of the prosecution in brief is as follows:-
"(i) The petitioner was formerly a Minister in the Union Territory of Puducherry, during the period between June, 2012 and November, 2012. One Adhavan, viz., the second accused in this case, was, then, working as a graduate teacher at the Adi-Dravidar Welfare Higher Secondary School at Singanoor, Tindivanam, in the State of Tamil Nadu. The third accused was, then, working as an Assistant at the office of District Educational Officer at Tindivanam, in the State of Tamil Nadu. In the Xth standard Government examination held in the year 1995, the petitioner failed in Science and Social Science subjects. Thereafter, for his own reasons, he could not write the said examination in the failed subjects. After having become a Minister in the Puducherry Cabinet, he applied for the Xth standard supplementary examination held by the Director of Government Examination of the State of Tamil Nadu, during the month of September/October 2011.
(ii) The petitioner is admittedly a resident of Karuvadikuppam Village in Puducherry State. But, however, with a view to avoid media attraction, according to him, he decided to write the supplementary examination in an examination Centre in Tamil Nadu, instead of Puducherry. As per the Regulations governing the examination, if only the candidate gives a local address in the State of Tamil Nadu, he will be permitted to write the examination in a Centre in the State of Tamil Nadu. Therefore, with a view to have the examination Centre in Tindivanam in Tamil Nadu, the petitioner was in need of a local address in Tindivanam.
(iii) The second accused Adhavan is a permanent resident of No.22/A, Udhaya Nagar, Chennai Road, Tindivanam. Two persons, who were very close to the petitioner, of whom, one is a close relative of the second accused gave the idea that the address of the second accused Adhavan could be given in the application, so as to have the examination Centre in Tindivanam. One Ashokan, a close associate of the petitioner filled up the application giving the address of the petitioner, as though, he was residing at No.22/A, Udhaya Nagar, Chennai Road, Tindivanam, under the care of Mr.Adhavan, the second accused herein. The application was submitted on 24.08.2011. The said application was entertained by the Department of Government Examinations, Government of Tamil Nadu and he was given the Registration No.1077190 and allotted the Centre at "Tagore Higher Secondary School", at Tindivanam.
(iv) According to the final report, the petitioner/accused No.1 originally conspired with accused No. 2 to engage a third person, to impersonate him, to write the examination on his behalf. But, unfortunately, the person, who was so arranged by the other accused, at the last moment, did not come forward to write the examination. Therefore, the petitioner himself wrote the examination on 29.09.2011, but, he did not write the examination on 30.09.2011.
(v) After the examination was over, complaints were received by the Chief Educational Officer that the petitioner did not write the examination, instead of him, somebody else had impersonated him and wrote the examination on 29.09.2011. Based on the said complaints, the Chief Educational Officer, Villupuram, having conducted a detailed enquiry was of the prima facie view that impersonation had been committed. Therefore, he made a complaint by letter in Na.Ka.No. 15137/ B1/2011, dated 08.10.2011, to the respondent police. Based o
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.