CHANDRA SHEKHAR UPADHYAY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Gopal Swarup Chaturvedi, learned Senior Counsel assisted by Sri Aishwarya Pratap Singh, learned counsel for petitioners, Sri T.P. Singh, learned Senior Counsel assisted by Sri Anupam Kumar, learned counsel for respondent-4 and learned AGA for respondents-1, 2 and 3.

(2.) This writ petition under Article 226 of Constitution of India has been filed by petitioners, Professor Chandra Shekhar Upadhyay, Professor Sanjay Mittal, Professor Rajiv Shekhar and Professor Ishan Sharma all working in Indian Institute of Technology (hereinafter referred to as "IIT") with a prayer to issue a writ of certiorari to quash First Information Report (hereinafter referred to as "FIR") registered as Case Crime No.1283 of 2018, under Sections 500 IPC, Section 66D of Information Technology Act, 2000 (hereinafter referred to as "Act, 2000") amended by Information Technology (Amendment) Act, 2008 (hereinafter referred to as "Amendment Act, 2008") and Section 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended in 2015 (hereinafter referred to as "Act, 1989"), at Police Station Kalyanpur, District Kanpur Nagar.

(3.) Sri Gopal Swarup Chaturvedi, learned Senior Counsel contended that even if allegations contained in FIR are taken to be true, offences under aforesaid sections are not made out and, therefore, entire proceedings against petitioners pursuant to aforesaid FIR, are wholly illegal and amounts to gross abuse of process of law.