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VIKRAM AGGARWAL
Euro International School – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Vikram Aggarwal, J.
1. By way of the present judgment, I propose to decide two petitions, both preferred under Section 482 of the Criminal Procedure Code (for short “Cr.P.C.”) seeking quashing of FIRs No.63 and 256 dated 06.06.2018 registered under Section 188 of the Indian Penal Code (for short ‘IPC’) at Police Station Sadar, Rewari (Haryana) and Police Station Dharuhera, Rewari (Haryana) respectively. Since the petitioners in both cases are the same and the question of law raised is also the same, both cases are being disposed of by way of a common judgment.
2. The facts of the case, as pleaded are that the petitioners are private schools situated in Rewari. They are affiliated to the Central Board of Secondary Education. Both schools are privately managed and un-aided schools. They are registered under the Haryana School Education Act, 1995 (hereinafter referred to as the ‘1995 Act’) and the Rules framed thereunder i.e. Haryana School Education Rules, 2003. Rule 134A was introduced by way of an amendment and notification dated 19.06.2013 (Annexure P-1) was issued as per which the recognized private schools were required to reserve 10% seats for meritorious students belon
The court emphasized that the authorities should have taken action under the relevant provisions of the Haryana School Education Act, 1995 and the Haryana School Education Rules, 2003, and that the m....
The registration of FIR under Section 188 IPC without a written complaint from the concerned public servant is impermissible and renders the proceedings void ab initio.
Point of Law : High Court cannot interfere with investigation in exercise of its power under Section 482 Cr.P.C.
The main legal point established is that charges under Sections 188, 269, and 270 IPC cannot be initiated without a written complaint as per Section 195 of CrPC, and the court has the inherent jurisd....
Disobedience to order duly promulgated by public servant - When investigation is still at initial stage, courts should not hasten to interdict investigation.
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