False allegations and FIR by Principal
Dr Shahid Nadeem
(Querist) 30 October 2015
This query is : Resolved
Respected experts...a first year student of BA has made a complaint regarding misbehaviour of alleged and bullying type of Principal who used to take excess money in the name of clearance but then Principal has issued a bad conduct Leaving certificate to that student and expelled him from college. Now student move to Open university through same college but that principal refused to take his application for that open university admission. On the day of District level sports day held at same college the Principal lodged FIR with malafide intentions and false allegations and charged the student under section 448,504, 506 & 34 of IPC ........
What should that student do.....
1-Should go for quashing of FIR ?
2- regarding bad conduct on leaving certificate should go for a WRIT PETITION ?
3- Is that Principal has any authority to launch FIR of house trespass( 448 section) on the day of district level sports day as the college is a public propety run by a Public Trust and the student is ex student of the same college and Principal. Is just employee ???
4- what actions should be taken regarding such alleged Principal with the help of due process of law ?
Sudhir Kumar, Advocate
(Expert) 30 October 2015
How college was connected with Distt sports meet and how that student was connected.
Dr Shahid Nadeem
(Querist) 30 October 2015
College was authorised by regional University for this year to hold regional sports of that district and the student was a national player from the same college though he is expelled allegedly as stated supra and not having admission to that college at that time of event he just went to meet his colleagues from other colleges of the district who were present for that event ....but principal intentionally make FIR of trespassing as stated supra.....
Please suggest regarding all 4 queries as asked supra because there is big issue regarding career of a student having false stigma over his character at the onset of his career as he is national player and applying for various recruitment of central and state government in sports quota ....
Dr Shahid Nadeem
(Querist) 01 November 2015
Respected expert ....please suggest some valuable instructions as your guidelines serves to save career of youngsters in this query ...
Dr Shahid Nadeem
(Querist) 08 November 2015
No sir.... on that day he was not authorised ...but the college run by the society is registered under Bombay public Trust act 1950 and the ground of college is a public place on which district level tournament was held and other people as an audience were also present at that time....
Anirudh
(Expert) 08 November 2015
The principal is competent to lodge the FIR.
As you feel strongly about it, you have to go in for quashing of FIR.