- (1.) THE prayer of the Petitioners is to quash the F. I. R. dated 7-8-1996 giving rise to registration of case Crime No. 397 of 1996, Police Station Kot-wali Kalpi, District Jalaun, under Section '420, I. P. C. , as contained in Annexure 7.
(2.) ON a perusal of the impugned F. I. R. it appears that one Anand Kumar resident of Lucknow lodged an informa tion dated March 20, 1996 before the Su perintendent of Police, Jalaun in writing to the effect that a farzi advertisement has been published in a daily newspaper, named, 'rastriya Sahara', Lucknow dated 17- 3-1996 in the name of R. L. B. Shikshan Sansthan, Kalpi inviting applications along with Postal Order of Rs. 40/- for appointment of 112 Assistant Teachers and 28 Clerks against vacant posts; on inquiry by him it has transpired that there is no such institution in existence and hence the said advertisement be enquired through Local Intelligence Unit and if it is found that the said advertisement is farzi then the concerned persons be booked under the appropriate provisions of Penal Laws. The petitioners claim to be the members and office bearers of Rani Laxmi Bai Shikshan Sansthan, Kalpi, District Jalaun which has come into existence on 5-11-95; the purpose of the Sansthan is to establish Primary Schools at various places to promote education in the weaker section of the Society; the Society is duly registered under the provisions of the Societies Registration Act, its registration number being 652/95-96 valid upto 31-1-2001, the advertisement in question was made pursuant to the resolution; the police of Police Station Kotwali, Kalpi pursuant to the aforementioned F. I. R. wanted to arrest the petitioners even though from the perusal of the F. I. R. no offence has been disclosed, which has been allegedly committed by the Society and accordingly it is liable to be quashed. Sri Saxena, learned counsel ap pearing in support of this writ petition contended that in view of the facts stated in the writ petition the prayer is fit to be allowed.
(3.) MISS Munis, learned A. G. A. ap pearing on behalf of Respondent Nos. 1 and 2, with reference to the statements made in the counter-affidavit, which has been sworn by the Investigating Officer of the crime case in question, submitted that the Superintendent of Police, Jalaun directed the Circle Officer to investigate the matter, who after investigation has come to the conclusion that there is no such Society in Jalaun vide his report dated 17-8-1996; that in investigation it has also come that the aforementioned society is a forged one of which petitioner No. 3 Kun-war Ranvijai Pratap Singh is the Manager and petitioner No. 5 Divya Gopal Srivastava, Treasurer is the main brain behind this forged society; it has also come in evidence that the aforementioned society is trying to earn money from the innocent persons and has given false allurement of job and thereby cheated so many persons and, thus, they are liable to be prosecuted. Sri Saxena with reference to the statements made in the rejoinder to the counter aforementioned contended that the claim of the petitioners is correct and this Court should take into account the glaring fact of non-submission of the charge-sheet till date.;