OM PARKASH SONI Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON March 21, 1991, case First Information Report No. 146, under Section 420 of the Indian Penal Code (Annexure P-1) was registered against the petitioners who are Principal and Administrator of Lord Shiva College of Pharmacy, Sira, at the instance of respondent No. 2 i.e. Director, Technical Education, Haryana, Lord Shiva College of Pharmacy was affiliated with the State Board of Technical Education, Haryana, in the year 1984 for conducting two years diploma course in Pharmacy. The allegations against the petitioners were that the college had been committing regularities in making admissions, indulging in mal-practices of charging heavy capitation/special fee from the candidates; violating instructions issued by the Board and State Government from time to time and making admissions to Pharmacy course at its own level. The petitioners filed this petition under section 482 of the Code of Criminal Procedure for quashing First Information Report Annexure P.1 and all subsequent proceedings, the same being an abuse of process of law.

(2.) THE petitioners alleged that the college had been granted permission to run the classes of diploma in pharmacy with effect from the Sessions 1983-1984 under regulation 7 of the Education Regulations framed by the Pharmacy Council of India and the College conducted examinations of the students from December, 1984 till January, 1991. Instructions were imparted in the College and the staff, the equipments provided in the College were as per the standard laid down by the Pharmacy Council of India. The instructions issued by the Board to the various Colleges in Haryana for Centralised Admission for the Sessions 1989-90, were challenged in this Court vide Civil Writ Petition No. 9981 of 1989 and this Writ Petition was allowed on 5.10.1989. The college in order to safeguard the interest of the interest of the students admitted for the Session 1990-91 submitted a representation to the Board for regularisation of admission of Diploma in Pharmacy Course and the Chairman of the Board and Minister Incharge, took a decision on April 4, 1991 to the effect that the students already admitted in this College be allowed to sit in examination alongwith others as also to withdraw the legal notice issued to the college. In view of this decision, the First Information Report lost all its meaning and became infructuous as against the College and its Management. Ajay Kumar, one of the students of the College filed Civil Writ Petition No. 8826 of 1991 in which order was passed to the effect that the students admitted in the academic Sessions 1990-91 were entitled to appear in the examinations commencing from June 26, 1991 and their result was to be declared. The Institution was also allowed to give admission to the students for Sessions 1991-92 in accordance with law and guidelines laid down by the Pharmacy Council of India/Director, Technical Education, Haryana, vide order dated June, 10, 1991. It was further pleaded that the First Information Report even if accepted as true, did not disclose any reasonable suspicion of the commission of a cognizable offence and continuation of investigation will amount to an abuse of powers of the police.

(3.) THE allegations made in the First Information Report even if taken on their face value, do not disclose the commission of any offence as no element of cheating, coercion of dishonesty is involved. The irregularities, if any, committed by the Institution were condoned by the Board and the Minister concerned and in these circumstances, any action of the First Information Report (Annexure P-1), will amount to an abuse of process of law.