R.K. Dash, J. - (1.) Both the above mentioned writ petitions relate to the incident on forgery alleged to have been committed by Narendra Kumar, petitioner in Writ Petition No. 7070 of 2002 and, therefore, this order is passed which shall govern both the cases.
(2.) The Writ Petition No. 7070 of 2002 was filed by Narendra Kumar, Finance Controller, Moti Lai Nehru Medical College, Allahabad, praying for the following reliefs: "1. To issue a writ, order or direction in the nature of certiorari quashing the impugned first information report registered as Case Crime No. 242 of 2002, under section 467/468/469/471/420/409, Indian Penal Code, police station George Town, Allahabad dated 2nd October, 2002. 2. To issue a writ order or direction in the nature of mandamus restraining the respondents from arresting the petitioner during pendency of writ petition or investigation by the concerned authorities. 3. To issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
(3.) Shortly stated, petitioner's case is that he is functioning as Finance, Controller in the Moti Lai Nehru, Medical College, Allahabad. On his complaining certain financial irregularities by the then Principal of the college, a preliminary enquiry was held where after the Principal was placed under suspension. On a writ petition being moved, the Court stayed the suspension order. State Government then passed another order restraining the Principal from using administrative and financial powers. The said order was challenged in this Court and operation thereof was stayed. Respondent No. 3, a Clerk of the Medical College in collusion with the Principal, moved a petition before the Chief Judicial Magistrate, Allahabad alleging that the petitioner hurled abuses at him touching upon his caste. On such petition; the Magistrate passed order directing the police to register a case. Challenging the said order, the petitioner filed a petition under section 482 of Criminal Procedure Code (for short 'Criminal Procedure Code') bearing Criminal Miscellaneous Application No. 7517 of 2002. Upon hearing, the Court disposed of the said case finally by order dated 29.8.2002 with an observation/ direction that if any case has been registered, the investigation may go on, but arrest of the petitioner shall remain stayed till submission of report under section 173 Criminal Procedure Code Respondent No. 3 then initiated second round of litigation by filing another petition under section 156 (3) Criminal Procedure Code before the Chief Judicial Magistrate, Allahabad alleging that petitioner fabricated a letter on the letter head of Minister Shri Indrajit Saroj and also letter of the District Magistrate to support his case. Without calling for any report from the police, C.J.M. directed the police to register a case and pursuant thereto police registered F.I.R. in Case Crime No. 242 of 2002. It is the further case of the petitioner that he is facing investigation in another case registered on the basis of the report lodged by Bhaiya Ram, who is also a Clerk of the Medical College.;