V B LAL Vs. STATE OF U P

JUDGEMENT

(1.) A quadruple of applicants Vinod B. Lal (A1) Dr. Robin L. Prasad (A2), Dr. (Mrs.) Ranu Prasad (A3) and Dr. Derick M. Denis (A4) in all these Criminal revisions and Criminal Misc. Applications have invoked the revisional and inherent power of this Court praying therein that proceedings of Criminal Case No. 7339 of 2008 (State of U.P. v. Robin L. Prasad and others), under Sections 147, 148, 149, 307, 323 I.P.C. relating to crime No. 311 of 2005, P.S. Naini, District Allahabad, pending before A.C.J.M., Room No. 2, Allahabad, and their summoning order dated 16.6.2009 passed in aforesaid case be quashed. Ancillary prayer of their's is for stay of trial court proceedings pending disposal of above proceedings before this Court. Since reliefs sought is for quashing of summoning order and /or proceedings of the same Session's Trial consequently all the above cases were clubbed together and are being disposed off by this common judgment.

(2.) All the revisionists/ applicants are Officers of Allahabad Agriculture Institute, a Deemed University, under University Grant's Commission Act. A1 is the Public Relation Officer, A2 is Chief Proctor,A3 is Chief Warden Girl's Hostel, and A4 is Chief Warden, Men's Hostel. Unraveling preceding facts which generated this cluster of revisions and 482 Code of Criminal Procedure Applications, as are culled out from the pleadings made in various revisions, 482 Applications and affidavits appended therewith coupled with counter affidavits by the informant and injured person are that Allahabad Agriculture Institute (hereinafter referred to as AAI) is a Christian minority institution, associated with Allahabad University in-consonance with Section 38(3) of Utter Pradesh State University's Act 1973 and the First Statute of Allahabad University. University Grant's Commission, exercising powers under Section 3 of University Grant's Commission Act, 1956 conferred on it (AAI) status of Deemed University with effect from 15.3.2000 as is perceptible from annexure No. 1 to the 482 Applications.

(3.) An article, annexure No. 2, to 482 Applications was published in a weekly magazine Out look on 6.9.2005 wherein it was mentioned that AAI was running many educational courses unauthorizedly without any sanction from All India Council for Technical Education(AICTE) which publication had the potentiality of disturbing serene atmosphere inside AAI campus and, as expected, trouble started brewing amongst students of AAI which ultimately led to a student's unrest. Informant-Respondent No. 2, Atul Singh, on the strength of said publication, annexure No. 1, lodged a FIR, annexure No. 3, of crime No. 312 of 2005 against applicant Dr. Rajendra B. Lal and others,U/Ss 419, 420 I.P.C. at P.S. Naini on 31.8.2005. Challenge to the said FIR was made by the accused in Crl. Misc. Writ Petition No. 9280 of 2005,Dr. Rajendra B. Lal and Ors. v. State of U.P. And others, before this Court, which writ petition was disposed off by a Division Bench, vide annexure No. 8, dated 16.9.2005, by making observations that albeit investigation into the crime shall go on but looking to the facts and circumstances of the case the arrest of the Petitioners for the offences indicated above shall remain stayed till the submission of the report. Investigation into the said FIR culminated in submission of a charge sheet on 25.1.2006, for offences under Sections 191, 192, 193, 196, 197, 200, 419, 420, 67, 467, 474 I.P.C., on the basis of which case No. 406 of 2006 was registered before A.C.J.M., Court No. 5, Allahabad in which charge sheeted accused were summoned. Predictably, challenge to the aforesaid criminal proceeding was made in Crl. Misc. Application No. 4242 of 2006,Dr. Rajendra B. Lal and Anr. v. State of U.P. And another successfully as aforesaid 482 Code of Criminal Procedure Application was allowed and the proceedings of aforesaid case relating to crime No. 312 of 2005 was quashed by this Court on 7.5.2008 vide annexure No. 14. It has not been brought to the notice of this Court that any challenge to the said order was made in any higher forum and hence it is understood that quashing of proceeding order of Case No. 406 of 2006, State of U.P. v. Rajendra B. Lal and others, attained finality.