SIDDESHWARA VIDYADANA SAMITI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners. Perused the records

(2.) THE petitioners have approached this Court seeking quashing of the proceedings pending in CC No.292/2012. The State by Joint Director, AYUSH Medical Education, filed a complaint under Section 200 Cr.P.C. making certain allegations and pleaded for taking action under the Karnataka Prohibition of Admission of Students to the Unrecognized and Un - Affiliated Educational Institutions Act, 1992. The learned Counsel contended that even after reading the entire allegations in the complaint, even if it is translated into evidence, it does not disclose or constitute any specific offence against the petitioners herein. He further contends that even on over all analysis of the documents produced before the Magistrate, particularly, Document No.4, it also does not disclose as to what exactly offence committed by the petitioners herein in order to take cognizance by the Magistrate and proceed against the accused. The learned Counsel further contends that the subsequent order passed by the Hon'ble High Court in writ petitions disclose that the Hon'ble High Court has taken into consideration the permission granted to the petitioners' institution for the year 2013 -14. In view of the same, all the previous lapses even if it is found do not survive. With that observation, the writ petition has been disposed of by this Court in WP No.78164/2013 with other connected writ petition. The learned Counsel also strenuously contends that the complaint does not contain under what provision of law, the petitioners have committed any offence either under Indian Penal Code or under the Karnataka Prohibition of Admission of Students to the Unrecognized and Un -Affiliated Educational Institutions Act, 1992. Therefore, it appears that the State by Joint Director, AYUSH, in a very hurried manner in order to comply with the directions of the Hon'ble High Court in WA No.7746 - 7785/2012 lodged several complaints in a cyclostyle manner, without even adhering to the specific allegations to be made against the particular accused persons. Therefore, the complaint filed by the State by Joint Director, Ayush, in CC No.292/2012 is liable to be quashed.

(3.) THE learned Addl. State Public Prosecutor on the basis of the materials produced by the petitioners have submitted before this Court that though the allegations made in the complaint do not constitute any offence, nevertheless, if it is read with in consonance with document No.4. It shows that prior to filing of the writ petition by the petitioners, they have admitted that they have given admissions to certain students against the rules. Therefore, they have violated the conditions of the grant or affiliation order. Therefore, the complaint cannot be quashed. Further, he submitted that in spite of his best efforts, he could not get any assistance from the respondent's department i.e. from the office of the Joint Director (AYUSH) Medical Education, Department of Ayush Dhanvanthri Road, Bangalore. He has brought to the notice of this Court that he has sent fax massages on 12/3/2014, seeking assistance of the department in this regard. But, he submits that no officer or any responsible person from the department appeared and assisted the learned State Public Prosecutor. In this background, the court has perused the materials on record. The perusal of the complaint discloses that at paragraphs 3 to 5 a general averments have been made with regard to the provision of the Karnataka Prohibition of Admission of Students to the Unrecognized and Un -Affiliated Educational Institutions Act, 1992, and a writ petition was filed by the T.M.A.E. Society's Ayurvedic Medical College, Bhadravathi, against Government of India in WP No.45252 - 44201/2012. The said writ petition was dismissed and against that order of dismissal, the said College also preferred a writ appeal in No.7746 -7785/2012 the same is narrated at paragraph 6 of the complaint. At paragraph 7 of the complaint, it is narrated that the Hon'ble High Court of Karnataka in Writ Appeal No.7746/2012 directed the Director, Department of Ayush, Government of Karnataka constituting 08 Members Team comprising of Professors and Assistant Professors of Government Ayurvedic Medical Colleges and the said Team visited all the un -permitted Ayurvedic Medical Colleges i.e. to say 24 Ayurvedic Medical Colleges and submitted reports to the Director and copy of the said Report submitted in respect of the college run by the accused was also produced as Document No.4. At paragraph 8, it is submitted, in the complaint, as to the order passed by the High Court in W.A.No.7746 -7785/2012. The Division Bench of the High Court has observed that: -