PROF ONKAR SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) This is an application under Section 482 Cr.P.C. filed by two applicants, namely, Prof. Onkar Singh and P.N. Pathak, praying for quashing of orders dated 26.02.1998 and 02.07.1998, rejecting application of applicants for discharge in Case No. 1277 of 1995, under Section 147, 323, 325 and 426 IPC, Police Station Lanka, Varanasi.

(2.) At the outset it may be placed on record that Applicant-2, P.N. Pathak son of Sri Kuber Pathak, has died on 03.03.2014, as per report submitted by Chief Judicial Magistrate, Varanasi vide letter dated 05.12.2016 after making inquiry as per this Court's circular dated 18.01.2017. Hence this application has abated qua Applicant-2 and is now surviving only in respect of Applicant-1.

(3.) Facts, in brief, giving rise to this application are that a First Information Report (hereinafter referred to as "FIR") being Case Crime No. 226 of 1992 under Section 147, 323, 426 IPC was filed in Police Station Lanka, Sadar, Varanasi, on 17.08.1992 by one Atul Mishra son of Sri Laxmi Narayan Mishra against applicants alleging that in the morning on 17.08.1992, when L.L.B. First Year examination was going on in Multipurpose Hall of Kashi Hindu University (Law Faculty), at around 10.15 am some security personnel attempted to take out the students from examination hall. Thereupon Informant protested and said that security personnel should go out of examination hall and allow students to complete examination. Thereupon Chief Security Officer, Onkar Singh, i.e., Applicant-1 assaulted Informant. Accompanying Security Officer, P.N. Pathak, i.e., Applicant-2 helped him in assaulting Informant. Thereafter on the instructions of Applicant-1, about ten number of security personnel came, took out Informant from examination hall and beat him with lathi and boots. Applicant-1, Onkar Singh also came out from examination hall and beat Informant. In the meantime some friends of Informant reached there and protested against assault committed by accused person and other Security Officers but Security Officers did not stop and dispel friends of Informant also. In this process clothes of one student, Rajesh Rai got torn. Informant is President of National Students Union of University and had raised voice against accused applicant, Onkar Singh, protesting against his misbehaviour with students.