J.J. Munir, J. - (1.) This Petition under Article 227 of the Constitution is all about an answer to the following questions: (a) Whether the absence of a preliminary inquiry held by the department or a responsible officer of the police before registering an FIR and proceeding with investigation against a public servant, charged with acts of dishonesty in the discharge of his official duties, would vitiate the FIR and the resultant prosecution? (b) Whether the Assistant Registrar of a University incorporated under a State Legislation is a public servant within the meaning of Section 197(1) Cr.P.C.?
(2.) The petitioner is an Assistant Registrar with the Sardar Ballabh Bhai Patel Krishi Evam Prodyogik Vishvavidyalaya, Modipuram, District Meerut, and, hereinafter referred to as the ''University'. The University is incorporated under the Uttar Pradesh Krishi Evam Prodyogik Vishvavidyalaya Adhiniyam, 2014 (hereinafter referred to as the ''Act').
(3.) The petitioner has been charge sheeted, vide charge sheet dated 04.04.2017, in Case Crime no.487 of 2016, under Sections 420, 467, 468, 471 IPC, Police Station Daurala, District Meerut. Cognizance of the said offence has been taken by the Special Chief Judicial Magistrate, Meerut on 15.04.2017, and, Case no.552/09/ 2017, State vs. Devendra Singh Yadav is pending before the Court of the learned Special Chief Judicial Magistrate, Meerut. The petitioner has come up laying challenge to the proceedings of the aforesaid case, with a prayer that the same be set aside. In effect, the petitioner desires the charge sheet to be quashed.;