PRATAP SINGH SHISHODIA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Pratap Singh Shishodia has filed this application under section 482 Cr. P.C. for quashing an order dated 27.8.1984 whereby the magistrate has taken cognizance on a police charge sheet and summoned him under section 180/411 I.P.C. A prolonged investigative wrangle primarily the result of an egoistic battle of wits between two rival committees of an institution has ultimately seen the applicant as an accused which perhaps was the target of one of the parties while the other had been protecting him so far.

(2.) Sri Rajendra Kumar Tyagi, Principal Shashtri Smarak Higher Secondary School, village Ahmadpur Padra, PS Baghpat, district Meerut lodged a first information report on 24.0.1976 under section 380 IPC alleging that some registers and documents were missing from an almirah of the College. Nobody was named in this FIR as accused. This FIR was lodged at the behest of a newly elected Managing Committee (Nay Nirvachit Samiti). It appears that these registers may have been related to some scholarship to students and attendance registers of teachers and distribution of NCC Funds. By a detailed report the police found that the FIR dated 24.11.1976 was false and, therefore, submitted a final report.

(3.) The case of the applicant is that the said FIR was false and had been manipulated at the behest of some persons of the committee of Management with mala-fide intention to save himself from charges of misappropriation of college funds and the like and since the applicant was a well wisher of the institution being a teacher therein, he has been falsely implicated due to internal politics.