KS PANDEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This order shall govern the disposal of above mentioned two applications, as common question of fact and law are involved in these applications.

(2.) The applicants have preferred the present applications under Section 482 of Cr.P.C. for quashing the FIR lodged by the respondent No.2, which was registered vide Crime No.5/2008 before the Police Station AJK Bhopal for commission of offence punishable under Sections 505, 120-B of IPC and Section 3(1)(viii) and (x) of SC/ST (Prevention of Atrocities) Act, 1989 (for short Special Act ).

(3.) The facts of the case in a nutshell are that on 20.8.2008 the respondent No.2 who was a Lecturer in Maulana Azad National Institute of Technology (for brevity MANIT ) had lodged an FIR that she had made some complaints on 30.5.2007 and 1.6.2007 before the SHO, Police Station AJK Bhopal, but no case was registered. Actually Dr. K.S.Pandey (applicant in M.Cr.C.No.8653/2008), Director of MANIT Bhopal was harassing the complainant on the basis of the caste. A civil case was pending before the trial Court as well as WP No.5224/2007 is pending before this Court in which stay was granted. It was also stated in the FIR that DPRC permitted the complainant to get admission for Ph.D courses, but Dr. Pandey prohibited the complainant because the complainant was of scheduled caste. Under such circumstances, Dr. Pandey got the degree of Ph.D to be cancelled on the basis of caste and though the matter is pending before the High Court and stay was granted, a report was lodged by Dr. Pandey before the Police Station Kamla Nagar, Bhopal, which case was registered vide Crime No.155/2008 at Police Station Kamla Nagar, Bhopal. It is surprising that in the document Annexure P-4 date 29.3.2007 was manipulated to be 31.1.2008 and thereafter police took cognizance in a fresh manner. Thereafter the FIR was sent by the complainant and her husband. It was also mentioned in another FIR that Dr. Pandey was permitting so many persons to touch his feet and he was maintaining the difference between the persons on the basis of caste. Dr. Pandey harassed the complainant on the basis of caste. Also he confused Dr. Sushil Chand Shrivastava (applicant in M.Cr.C.No.1197/2009) and obtained a note that thesis submitted by the complainant was a 90% copy of the thesis submitted by Shri J.M.Choubey, whereas the complainant got the reference from internet only and Shri Choubey also took reference from the internet. However, the thesis submitted by the complainant was cancelled, and therefore degree was also cancelled. Under such circumstances, she was terminated from her job. Ultimately, she was threatened so that she could leave her quarter. Dr. Pandey cancelled the allotment of quarter of the complainant and a fake case was also lodged for eviction before the competent authority. After due investigation, charge sheet was submitted before the concerned Magistrate and the matter was committed to the Civil Court under SC/ST (Prevention of Atrocities) Act, 1989, where it is pending.