OM PRAKASH SHARMA Vs. STATE OF UTTARAKHAND & OTHERS
HIGH COURT OF UTTARAKHAND
OM PRAKASH SHARMA
State of Uttarakhand and others
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Hon'ble U.C. Dhyani, J. -
(1.) HEARD . By means of the present writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought quashing of the First Information Report dated 24.04.2007 relating to offences punishable under Sections 420, 384, 511 and 120B IPC at Police Station Jwalapur, District Haridwar.
(2.) LEARNED counsel for the petitioner submitted that the complainant Rajkishor Singh Pharswan, Inspector, C.B.C.I.D. has lodged the First Information Report against the petitioner who is Lab Assistant working in Arihant College of Education, Badhedi Rajputana, Haridwar without proper investigation and application of mind. He also submitted that the petitioner was asked to accept the Forms only from the students and there is no allegation of demand against him. The petitioner has not been assigned any role other than that of accepting the cash on the direction of Dr. Mahesh Sharma and Deepak Jain, Directors of the institution. Present petitioner was not named in the FIR and was not assigned any major role other than that of receiving the amount on behalf of the institution on the direction of Dr. Mahesh Sharma and Deepak Jain. The students who made the complaint were not in the list of students selected against the Management Quota and therefore, there was no question of giving them admission.
(3.) HE further submitted that the matter belongs to the year 2005 -06 and the list of candidates to be given admission during that academic year was provided by the University. The Institute had no discretion in the matter of admission during that year. On 01.05.2006 an advertisement was published by Secretary, Education, Government of Uttarakhand indicating that the students may apply directly to the University and the merit list shall be prepared by the University itself, hence there was no role of the Arihant College of Education, Badhedi Rajputana, Haridwar in providing admission to anybody. The fee structure was already mentioned by the Secretary, Education in advertisement dated 09.03.2006, hence any allegation to the contrary is unfounded and without basis. Even if it be conceded for the sake of argument that demand for money was made, that itself does not constitute any offence. In any case, the allegation against non -applicants Dr. Mahesh Sharma and Deepak Jain was not beyond raising a demand for money.;
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