- (1.) THE present revision under sections 397/401 of the Criminal Procedure Code (for short the code) is directed again the order dated 23rd July 1986 Passed by the Sessions Judge, Saharanpur allowing the revision and setting aside the order of the learned Magistrate dated 29th January 1986 dismissing the complaint under section 203 of the Code and refusing to issue the process against the present applicant in a complaint case under sections 415, 416, 417 and 420 of the Indian Penal Code.
(2.) THE facts in brief leading to the present revision are that a complaint was filed by Sri Janardan Prasad Sharma, Asstt. Registrar, Roorkee University, Roorkee against D. K. Agarwal, the present applicant for the alleged offence under sections 415, 416, 417 and 420 of the Indian Penal Code. The case of the complainant was that the Opposite Party was not employed in the University but got an advertisement published in the Times of India dated 24th August, 1985 and 29th August, 1985 to the following effect : Roorkee University Entrance Examination 1986 Admission Notice : " Applications are invited for the 'First Batch' of Postal Guidance course of four months duration for Roorkee University Entrance Examination, 1986 for Bachelors Degree courses in Engg. and Architecture. For further details prospectus and application form Directly write to Director, University Publication (Postal Guidance Cell) Roorkee U. P. 247667. Last date for registration 26th September 1985. "
(3.) THE present applicant has shown himself to be Director, University Publication (Postal Guidance Cell) Roorkee whereas the complainant has alleged that the present applicant was not associated with any post about Entrance Examination nor he has any other authority about the admission of the students. In other words it was alleged in the complaint that the present applicant deliberately got the aforesaid advertisement published in the newspapers. Consequently many persons applied for application form etc. and the applicant has earned a huge amount by practising cheating by impersonation and dishonestly inducing delivery of property. According to the allegations in different paragraphs of the complaint, prima facie evidence of cheating by impersonation and dishonestly inducing the delivery of property was made out. The Magistrate refused to issue process on the ground that the Roorkee University did not suffer any loss. The order of the Magistrate refusing to issue process was set aside by the impugned order dated 23rd July 1986, and process has been directed to be issued against the present applicant. Sri Girish Chandra Saxena, learned counsel for the applicant urged that the complaint was filed by Sri Janardan Prasad Sharma, Assistant Registrar, Roorkee University, Roorkee whereas the revision was filed by Dr. O. N. Chaturvedi, Registrar University of Roorkee who was different from Sri Janardan Prasad Sharma, Assistant Registrar, Roorkee University, Roorkee. It was accordingly urged that Dr. O. N. Chaturvedi, Registrar, Roorkee University has got no authority to file the revision. The applicant against whom the complaint was filed was not made a party to the revision, filed by the Roorkee University -Only State of U. P. was made a party and that the applicant was not heard in Revision. Consequently the principles of natural justice had been violated. Reliance was placed on A. S. Puri v. K. L. Ahuja, AIR 1970 Delhi 214. The learned counsel for the State supported the impugned order.;