- (1.) VINOD Prasad, J. Dr. Rajendra B. Lal, Vice Chancel for, Allahabad Agricultural Institute, a Deemed University, (hereinafter referred to as AAI) and if Registrar, Prof. A. K. A. Lawrence have approached this Court under Section 482, Cr. P. C. , invoking it's inherent power, through the instant application, with the prayer that proceeding of Criminal Case Number 406 of 2006, State of Uttar Pradesh v. Dr. Rajendra B. Lal and another, under Sections 191, 192, 193, 196, 197, 200, 419, 420, 466, 467, 468, and 474, l. PC. , PS. Naini, District Allahabad pending against them in the Court of Additional Chief Judicial Magistrate, Room No. 5, Allahabad and the concerned charge-sheet of crime number 312 of 2005, under Sections 191, 192, 193, 196, 197, 200, 419, 420, 466, 467, 468, and 474, l. PC, PS. Naini district Allahabad be quashed.
(2.) BRIEFLY sketched the prosecution allegations against the applicants are that an article, Annexure 2, was published in weekly "out LOOK" on 6th Sept. 2005, where in it was mentioned that AAI was running courses without approval of All India Council for Technical Education (AICTE ). The said article sureharged and infuriated the students who, on 29th and 30th August, 2005, went on destructive demonstration and rampage so much so that Provincial Armed Constabulary (PAC) was deployed in AAI, which was closed sinedie. The incident was followed by lodging of a FIR, Anhexure 3, by informant respondent No. 2, Atul Singh, on ' 31. 8. 2005 at 4. 15 p. m. at police station Naini as crime number 312 of 2005, under Sections 419, 420, IPC. Registration of FIR commenced the investigation and l. O. aftercoping GD entry recorded informanfs statement, Annexure 7. Subsequently he inspected the spot, prepared site plan and spot inspection note and thereafter recorded statements of Pradeep Singh, Mohd. Ashfaq, Mukesh Singh, Sanjai Pandey, vide Annexures 8 to 11. To obviate rigour of arrest in the aforesaid crime, the applicants, approached this court underarticle 226 of the Constitution of India, praying forauashing of the said FIR lodged against them vide Criminal Misc. Writ Petition No. 9280 of 2005, Dr. Rajendra B. Lal and anotherv. State of Uttar Pradesh and others, which writ petition was disposed off by this court on 16. 9. 2005, Annexure 5, by making obsen ations that "university cannot be compelled to seek and obtain prior approval under AICTE Act before starting new course or programme in technical education". The arrest of the petitioners'in that writ petition was stayed by this Court till submission of charge-sheet.
(3.) THERE after conducting further investigation and concluding the same the l. O. submitted charge- sheet, Annexure 6, under the aforementioned offences 191, 192, 193, 196, 197, 200, 419, 420, 466, 467, 468 and 474 I. P. C. , against the applicants in court on 31. 8. 2005, on the basisof which Additionalchief Judicial Magistrale, Court No. 5, took cognizance of the offences on 31. 1. 2006 and summoned the applicant. s. Subsequently vide Annexure 22 the l. O. applied forissuance of Non Bailable warrants against the applicants. It was at this stage that the applicants havefiled the present Criminal Misc. Application forquashing of criminal case and charge sheet against them. On the above narrated facts I have heard Sri S. N. Verma, Sri Ravi Kant and Sri G. S. Chaturvedi, all learned Senior Counsels in support of this application and Sri J. S. Sengarand Sri Rahul Sripatand the learned AGA in opposition and have perused the affidavit and appended annexures.;