- (1.) This Criminal Petition has been filed under Section 482 read with Section 397 and 401 of the Cr.P.C., 1973, praying for setting aside of the quashment of order dated 04.08.2014, whereby Non-Bailable Warrants were issued against the petitioners with directions to handcuff them and also the order dated 08.09.2014 of proclamation issued under Section 82 Cr.P.C. by the Court of Chief Judicial Magistrate, Shillong.
(2.) Brief facts of the case relevant for disposal of the instant petition are that the petitioners are sons of one Shri Chandra Mohan Jha (petitioner in Crl. Petn. No. 33 of 2014) said to have been the Chancellor of the CMJ University, Shillong sponsored by the CMJ Foundation, a registered Trust. Shri Govind Jha and Shri Gopal Jha (petitioners in Crl. Petn. No. 32 of 2014) are the trustee of the CMJ Foundation which was functioning since the year 2004 while undertaking different activities in various fields within the State of Meghalaya, and also in other parts of the country.
(3.) In the year 2009, the Meghalaya Legislative Assembly passed the Act hereinafter referred to as "the CMJ University Act, 2009". The Act was notified on 20.07.2009 after the assent of the Governor granted on 14.07.2009. The petitioners as stated above are the Trustee Members of the CMJ Foundation, which was the Sponsor of the CMJ University in terms of Section 2(xxxiii) of the said Act. Thus, towards the furtherance of provisions of Section 3 of the CMJ University Act, the petitioners submitted a proposal for establishment of the University in the State along with the documents and other particulars as required in terms of Section 3 (3) of the CMJ University Act to the State Government. The State Government after a detailed enquiry, upon being satisfied with the documentation and other details as provided with the application form in terms of Sub-section (2) of Section 3 of the CMJ University Act, accorded sanction for establishment of the University in accordance with the guidelines issued by the University Grants Commission. Thus, the Board of Trustee of the CMJ Foundation held a meeting on 29.07.2009 and adopted a Resolution appointing Shri. Chandra Mohan Jha, the alleged main accused herein as the Chancellor of the University, in terms of Section 14 (1) of the CMJ University Act, 2009. Pursuant to the said Resolution, on 03.08.2009, the Sponsor, namely, the CMJ Foundation sent a letter to the Commissioner and Secretary (Education), Government of Meghalaya along with Bio-data of Shri. Chandra Mohan Jha, and the Resolution of the Board of Trustee of the CMJ Foundation.;