B K AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal misc. application has been filed under Section 482 Cr.P.C. on behalf of Dr. B.K. Agrawal and four others, whereby they have prayed that the order dated 22.9.08 passed by Additional Chief Judicial Magistrate, I, Agra in criminal complaint case No. 1111 of 2007, Raish Pal Singh vs. B.K. Agrawal and others be set aside and quashed.

(2.) The facts of the case are that the opposite party No. 2, Raish Pal Singh filed a complaint under Section 200, Cr.P.C. against the applicants on 9.5.06 in the Court of Additional Chief Judicial Magistrate, Court No. 8, Agra which was registered as criminal case No. 607 of 2006. It appears that the said case was ultimately transferred to the Court of 1st Additional Chief Judicial Magistrate Agra and as a consequence, it was re-numbered as criminal case No. 1111 of 2007. The impugned order has been passed by learned A.C.J.M. 1st, Agra on 22.9.08.

(3.) It has been alleged by the opposite party No. 2, the complainant, in his complaint that he is an ex- student of Raja Balwant Singh College, Agra. He was also employed there as the librarian and now has retired. He is a well-wisher of the said institution and is sentimentally attached to it. It has further been alleged that all the petitioners, when they were posted on various posts in the said institution, adopted corrupt practices and by misusing their official positions they have usurped various funds of the said college. It has been also alleged that the applicant No. 1 Dr. B.K. Agrawal was a dismissed lecturer of R.B.S College. He had concealed this fact and applied for the post of Principal in the R.B.S. College Agra. The other accused persons also knew this fact. Applicant No. 1 in order to grab the post of the Principal of the said institution by adopting foul means kept in dark the District Judge Agra who was ex- officio President of the Managing Committee of the college. All the applicants by playing fraud succeeded in getting the applicant No. 1 appointed on the post of Principal of R.B.S. College. It has also been alleged in the said complaint that applicant No. 4, Raja Anirudh Pal Singh was the Vice-President of the Managing Committee up to 8.2.2000. Instead of abstaining himself from further meetings of the Managing Committee, he called a meeting on 10.9.2000 in the capacity of In-charge President and by adopting foul means, succeeded in getting applicant No. 1 appointed as the Principal of the college. Applicant No. 2,3 and 5 had helped the applicant No. 1 and 4 a lot in this foul play. It has also been alleged in the complaint that Ministry of Agriculture, Government of India, sponsored an scheme in the name and style of Cost of Cultivation. It has further been alleged in the complaint that applicant No. 1 in the capacity of the Principal of the institution got constructed a 192 mtrs. long boundary and in this construction work he had usurped huge amount of money of the college by drawing the same from various funds allotted to the institution. Allegations have also been levelled to the effect that all the applicants had manufactured various forged documents in order to swindle the funds of the college. The opposite party No. 2 had gone to police station Hariparvat, Agra and tried to lodge an FIR in the matter but his report was not lodged. Thereafter, he sent his complaint to the Senior Superintendent of Police, Agra by speed post on 24.4.06 but in vain. When the applicants came to know about the above mentioned efforts of opp. party No.2 they called him in the chamber of applicant No. 1 on 2.5.06 at about 12 hours. In the chamber applicant No. 1 was present along with applicant No. 2 Roshan Singh and applicant No. 3 Dr. D.P.S. Bhati Onewitness Ram Pratap Sharma was also present there. When the opposite party No. 2 entered the Principal's chamber applicant No. 1 B.K. Agrawal started abusing him and on protest applicant nos. 1,2 and 3 threatened him by saying that they would cut his body into pieces and throw the same in river Yamuna. Afew other persons had also witnessed the occurrence. When the opposite party No. 2 failed to get any help from the police he filed the complaint in the Court of Additional Chief Judicial Magistrate, Agra.