Decided on May 25,2012

State of Uttarakhand and others Respondents


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 Lecturer in Arihant College of Education, Badhedi Rajputana, Haridwar without proper investigation and application of mind. He also, interalia, submitted that although writ petition of co -accused Om Prakash Sharma was dismissed by this Court ( being WP(Crl.) No. 321 of 2012) vide order dated 21.05.2012 and writ petition of another accused Deepak Jain was decided by this Court ( being WPCRL No. 441 of 2012 ) vide order dated 24.05.2012 but the case of the present petitioner is on different footing. It was stated that when the petitioner came to know about the misdeeds of the others, he immediately refunded the money to the students. This conduct of the petitioner clearly proves beyond doubt that the intention of the petitioner was not malafide. Learned counsel also submitted that 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.) IT is also argued that the matter pertains 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 petitioner Mahesh Kumar Sharma was not beyond raising a demand for money.;

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