RAJENDRA B LAL Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. Dr. Rajendra B. Lal, Vice Chancel for, Allahabad Agricultural Institute, a Deemed University, (hereinafter referred to as AAI) and if Registrar, Prof. A. K. A. Lawrence have approached this Court under Section 482, Cr. P. C. , invoking it's inherent power, through the instant application, with the prayer that proceeding of Criminal Case Number 406 of 2006, State of Uttar Pradesh v. Dr. Rajendra B. Lal and another, under Sections 191, 192, 193, 196, 197, 200, 419, 420, 466, 467, 468, and 474, l. PC. , PS. Naini, District Allahabad pending against them in the Court of Additional Chief Judicial Magistrate, Room No. 5, Allahabad and the concerned charge-sheet of crime number 312 of 2005, under Sections 191, 192, 193, 196, 197, 200, 419, 420, 466, 467, 468, and 474, l. PC, PS. Naini district Allahabad be quashed.

(2.) BRIEFLY sketched the prosecution allegations against the applicants are that an article, Annexure 2, was published in weekly "out LOOK" on 6th Sept. 2005, where in it was mentioned that AAI was running courses without approval of All India Council for Technical Education (AICTE ). The said article sureharged and infuriated the students who, on 29th and 30th August, 2005, went on destructive demonstration and rampage so much so that Provincial Armed Constabulary (PAC) was deployed in AAI, which was closed sinedie. The incident was followed by lodging of a FIR, Anhexure 3, by informant respondent No. 2, Atul Singh, on ' 31. 8. 2005 at 4. 15 p. m. at police station Naini as crime number 312 of 2005, under Sections 419, 420, IPC.

(3.) THERE after conducting further investigation and concluding the same the l. O. submitted charge- sheet, Annexure 6, under the aforementioned offences 191, 192, 193, 196, 197, 200, 419, 420, 466, 467, 468 and 474 I. P. C. , against the applicants in court on 31. 8. 2005, on the basisof which Additionalchief Judicial Magistrale, Court No. 5, took cognizance of the offences on 31. 1. 2006 and summoned the applicant. s. Subsequently vide Annexure 22 the l. O. applied forissuance of Non Bailable warrants against the applicants. It was at this stage that the applicants havefiled the present Criminal Misc. Application forquashing of criminal case and charge sheet against them.