STATE OF U P Vs. JOTI PRASAD

JUDGEMENT

(1.) These are two connected appeals by the State against the orders of acquittal in sessions trials Nos. 6 and 6-A of 1959 by the learned Assistant Sessions Judge, Agra.

(2.) The Committing Magistrate had made one order of commitment in respect of the offences under Sections 420 and 468, I. P. C. In the court of session the case was divided into two trials:

(3.) The respondent Joti Prasad, a resident of Mala Bhairon, P.S. Chatta, Agra, had been running two institutions, known as (1) Nikhil Bharat Varsha Vidwat Parishad Vidyapith, and (2) National Medical College. The object of the two institutions as mentioned in the Niamavali Ex. Ka-83 was to work for the progress and spread of study of Sanskrit and Hindi literature and Ayurveda etc. and to conduct oral and written tests of students in Sanskrit and Hindi literature, Ayurveda, Homoeopathy, Music and Unani medicines by well-known learned persons of the State Universities and to award suitable certificates and diplomas. Rule 24 of the Niamavali says: