kalavathy (teacher) 17 April 2014

Religion

I am a school teacher. school is a private unaided cbse recognised school. It is run by sbi officers in chennai. It is not a minority institution. Normally in our school prayers will be done in a christian style. two years before when the 12th std students were ready to attend the prayer , I offered secular prayer on the dias and wished the children. First i recited hindu prayer and then christian prayer and islam prayer. But the key christian authorities got angry when i chanted ohm vigneshwaraya namaha. They suddenly switched off the mike infront of 330 students and pushed me aside.without the mike i continued the other two religion prayers. On false reasons i got my suspension order. afterthat dismissal order. I went forthe appeal. my appeal was not disposed off for the period of one year. Through court appeared as party in person and i got my appeal disposed off. the news spread. school pupil leader and other students gave interviews to the tv and paper and rss have done some dharnas .

to trouble me school filed false complaint to police as if i have written some letter regarding planting the bomb. I was forced to take anticipatory bail. after that no information. after six months of this incident I lodged a complaint to police stating that My religious fellings arehurt under sec 295A and 298 . Csr copy was given. but no action. so I lodged acomplaint to commssioner of police. no action.

Now my question is

1. Can I get order from magistrate court to convert csr to fir

2. Do I get any problem from the schoolside.

I have also filed a writ petition in court regarding my reinstatement and getting back wages.

please advise me.

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2 Replies

adv.raghavan (Advocate,9444674980) 18 April 2014

, No it is not so easy to get FIR FILED, for this to take action under section 295 A, the concerned magistrate has to get approval from state or central under section 196(1) crpc. I do not understand why u filed a case under these section, you have been charged with planting of bomb, and u should have contested that, and on successful, u could have gone for defamation against the school under section 500 Ipc.

T. Kalaiselvan, Advocate (Advocate) 20 April 2014

You may petition the JMFC as a private complaint to direct the police to register FIR, but as opined by learned advocate, how far this will be effective is not known. You can even wait for the false case against you to come to the court and challenge it with the help of a prudent criminal lawyer and then decide about next course of action.