MOHD IQBAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Challenge herein is to the order passed by learned Chief Judicial Magistrate, Sirmour District at Nahan on 11.7.2013 in cancellation report registered as Case No.44/4 of 2011, whereby the report filed by the police qua cancellation of FIR No.114 of 2010 has been accepted and the objections thereto raised by the complainant-petitioner dismissed.

(2.) Admittedly, the son of the complainant, Master Imran Khan was granted admission by Himalayan Group of Professional Institute, Kala Amb, district Sirmour in diploma in Civil Engineering under the so called Management Quota. Accused, Rajnish Bansal is the Director of the Institute. When Imran Khan, the son of the petitioner, was not allowed to sit in 1st semester examination, he preferred Civil Writ Petition No.2587 of 2008 in this Court. The same was disposed of vide judgment Annexure P-1.

(3.) Consequently, the petitioner has made a complaint under Section 156(3) of the Code of Criminal Procedure in the Court of learned Chief Judicial Magistrate, Sirmour District at Nahan. The same was forwarded to Police Station, Sadar, Nahan where FIR No.114/2010 came to be registered under Section 420 of Indian Penal Code against Shri Rajnish Bansal, Director of the Institute. On completion of the investigation, the police has filed cancellation report under Section 173 of the Code of Criminal Procedure. The complainant on being summoned has filed objections to the cancellation report. Learned Chief Judicial Magistrate, however, while accepting the cancellation report has dismissed the objections so raised by the complainant.