RAJNI TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Durga Singh, learned counsel for the applicant and Shri Amrendra Nath Singh, learned Senior Advocate assisted by Shri Prakash Dwivedi, learned counsel for opposite party no.2 as well as learned A.G.A. Perused the record.

(2.) The applicant has invoked the plenary power of this Court by filing this application u/s 482 Cr.P.C. whereby the applicant has challenged the legality and validity of impugned charge sheet No.23/15 dtd. 19/1/2015 and summoning order dtd. 7/2/2020 in Criminal Case No.819 of 2020 (State vs. Dr. Rajni Tiwari) arising out of Case Crime No.676 of 2013, u/s 419, 420, 467, 468, 471 I.P.C., Police Station Civil Lines, District Allahabad pending in the court of learned Chief Judicial Magistrate, Allahabad.

(3.) Basic contention of learned counsel for the applicant is that for the same offence a disciplinary proceeding was also initiated by the management of the institution and the matter went up to the Vice Chancellor of Chhatrapati Sahu Ji Maharaj University, Kanpur u/s 35 of the U.P. State Universities Act, 1973, in which certain favourable observations were made with regard to applicant. Learned counsel for the applicant has laid excessive emphasis upon those favourable observations made in the above order. In fact, this was the sole argument advanced by learned counsel for the applicant. In addition to this, learned counsel for the applicant has raised number of other factual aspects of the issue which could not be assessed at this stage of Sec. 482 Cr.P.C.