- (1.) O. P. Garg, J. Dr. Pradumn Singh and Indra Deo Pandit, who are respectively Principal and Assistant Accountant in Budha Post Graduate College, Kushinagar, District Kushinagar have been arraigned of the offences punishable under Sections 408/419/420/467/468/471, I. P. C. pursuant to the F. I. R. laid by Chanan Singh Dhillon Secretary of the Committee of Management of the said college, at P. S. Kasiya, District Kushinagar giving rise to Crime Case No. 345 of 1999.
(2.) BY means of Criminal Misc. Writ No. 3897 of 1999, Dr. Pradumn Singh, Principal of the College, who has since been suspended pending departmental en quiry, prayed that the impugned F. I. R. be quashed and a direction be issued to the respondents not to arrest him in the aforesaid crime. On 30-7-1999, this Court passed an interim order directing that till the next date of listing or until the submis sion of the charge-sheet, whichever is ear lier, the arrest of Dr. Pradumn Singh in the aforesaid crime shall remain stayed. The interim order was extended till further or ders on 11 -11 -1 999. Counter and rejoinder affidavits have been exchanged. Subsequently, Criminal Misc. Writ No. 7730 of 1999 came to be filed on behalf of Indra Deo Pandit, who has prayed for the reliefs as have been claimed by Dr. Pradumn Singh. When the writ petition was taken up for hearing on 5-1-2000, learned Counsel for the parties made a statement that the counter- affidavits filed in Civil Misc. Writ No. 3897 of 1999 filed by Dr. Pradumn Singh may also be read in the subsequent petition and that both the peti tions be disposed of on merits. According ly we proceed to decide these two petitions on merits. Heard Sri Satish Chandra Misra, learned Counsel for the petitioners, Sri R. K. Ojha appearing on behalf of first informant-Chanan Singh Dhillon and Sri Mahendra Pratap, learned A. G. A, for the respondents, at considerable length.
(3.) DR. Pradumn Singh, petitioner eulogizing himself as a praiseworthy Prin cipal of the college has levelled certain allegations against Dilip Singh Majithia, President and Chanan Singh Dhillon, Secretary of the Committee of Manage ment of the College. According to him, they always wanted to harass him and demanded money from the college funds for their personal use and since the petitioner did not oblige them, they felt incensed and annoyed. In support of the allegations, DR. Pradumn Singh has relied upon a number of documents annexed with the petition. It is further pleaded that he was falsely implicated in the case of murder of J. N. Singh, a Lecturer of the college, at the behest and in collusion of some office bearers of the Committee of Management, and since the investigation of the murder case has since been trans ferred to C. B. C. I. D. , a false and fabricated report, with a view to humiliate and vex the petitioner has been lodged against him. It is alleged that according to the impugned F. I. R. itself, it is clear that the entire money was paid through vouchers, which were approved by the office bearers of the com mittee of management itself. Sri Indra Deo Pandit, in his turn, has alleged that all the allegations in the F. I. R. are against the Principal of the col lege and that he has worked under his subordination as Assistant Accountant and, was bound to obey the directions of the Principal. It is further alleged that he is not responsible for any embezzlement as he himself had no power to work inde pendently and as such the allegations are of no consequence against him. He has also made certain allegations of mala fide against the management and has assigned the reasons for his false implication as a contempt petition was filed by him before this Court in which certain directions were issued.;