RAM SHANKER PANDEY Vs. U P POLICE

JUDGEMENT

(1.) M. Katju, J. This is an application under Section 482, Cr. P. C. praying for quashing of the first information report dated 23-3-1994 under Section 143, 504 and 506, I. P. C. in case crime No. 142-A of 1994 of P. S. Kotwali, district Ghazipur. It has also been prayed that the arrest of the applicants be stayed in the said case.

(2.) I have heard Shri M. L. Rai, learned counsel for the applicants and the learned Government counsel and I am disposing of this case finally.

(3.) IT is alleged in paragraph 3 of the affidavit in support of this applica tion that the first information lodged by Bal Mukund Maurya is false with mala fide intention filed after the first information report of the Principal Rama Shanker Pandeyand it is malicious. IT is alleged that the withesses mentioned in the first information report of Bal Mukund Maurya have denied the incident and they informed the police accordingly. IT is further alleged para 5 of the affidavit that Bal Mukund Maurya became angry with the applicant No. 1 as he (the applicant No. 1) had sent a D. O. letter against Bal Mukund Maurya to the Additional Director of Education vide letter dated 21/23-3-1994. A true copy of the said letter is Annexure 5. In paragraph 6 it also alleged that Bal Mukund Maurya was doing the duty of invigilation in the examination of correspondence students since several years.