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Cr. P.C. 156(3) in IPC Section 467

(Querist) 26 June 2010 This query is : Resolved 
I am inclined to have the legal openion with regard to the Criminal Case pending for trial by the Magisterate. The 2 accused in the matter were in P.C. and MCR as well. Both the accused has been enlarged on bail by the same Magisterate who passed the process under section 156 (3) of Cr. P.C. The accused are professionally teachers in a private School run by the Trusts. Interestngly, the Complainant claiming to be a Treasurer of one of the Trusts in which one of the accused is also a bonafide President and an Assistant Teacher in another School run by another Trust. As per the ltest Schedule I under the Bombay Public Trust Act 1956 Register maintained in the Asst. Chrity Commissioner the Accused is the President and his name is appearing in it. No legal changes are incorporated in the Rgister by the office of the ACC. The legal and original Treasurer is other than the Complainant. The Complainant and other associates now called as Reporting Trustees claiming that they have filed a Change Report with the Assistant Charity Commissioner. They having lost faith and confidence in the proceedings in respect of the Change Report pending with the of the ACC, approached with an Application in the first week of March 2010 to the Charity Commissioner Maharashtra at Mumbai to get transfer the hearing on the Change Report to another ACC. This proceedings are not so far decided, for the reasons the Ld. Commissioner attending to High Court,Mantralaya, on leave extra and the matter is being adjourned week after weeks from March 2010. During the intervening period the Complainant and other associates claiming as President, Secretary, Treasurer approaching all the forums to harass and humilate the real, legally correct and bonafide President who is accused.

My pertinent question is that the said Complainat's instance one socalled Secretary writing a letter enclosing therewith certain documents and the Judgement and Order of the J.M.F.C. to the Principal of the School in which the President is employed as an Assistant Teacher. The Principal issued a Show Cause Notice by not disclosing the basis for initiating disciplinary action from the show cause notice. The socalled Secretary has no locus to write to the Principal and endorsing copies down the line from Education Minister to Education Officer, Zilla Parishad right. Under the circumstances what legal action and/or legal remedy is available for defence?.

I am concerned for the aused employment, The trusts institutions are govt. aided therefore, the salaries are paid by the Government.

Kindly post your valuable advice in the matter.

T.R. Ganesan
Advocate.
T.R. Ganesan (Querist) 09 July 2010
Hi All Experts,

Can anyoneatonce reply my above queries, a this openion is urgent, hence solicited.

T.R. Ganesan,
Advocate.


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