MUZAHAT AMBAR Vs. CHANCELLOR L N M UNIVERSITY

JUDGEMENT

(1.) THE petitioner has filed the present application for quashing the first information report of Vigilance P.S. Case No. 19 of 1999 dated 3.8.1999 under sections 420, 465, 466, 471, 477 -A, 109 and 120 -B of the Indian Penal Code (hereinafter referred to as 'I.P.C. ') and section 13(2), read with section 13(1) (D) of the Prevention of Corruption Act (hereinafter referred to as 'the Act ') and section 4(2) of the Bihar Non -Government Physical Training College (Control and Regulation) Act and restraining the respondents from proceeding with the investigation in pursuance of the said first information report. A copy of the first information report has been annexed as Annexure -1 to this application.

(2.) THE petitioner 'scase is that Rauf Muslim Jamia (Trust) was established by the petitioner and others for all round development of Muslim Minority Community. The said Trust was registered in the year 1985 under the Societies Registration Act. The aims and objects of the aforesaid Trust, inter -alia, were to open and establish various institutions from Primary to Research Standard, including Teachers Training Colleges. The petitioner was also one of the members of the said Trust and she signed the Memorandum of Articles of the aforesaid Trust. With a view to fulfil one of the objects incorporated in the Memorandum of Articles, the Trust established S.M.Zareef College of Education at Darbhanga (hereinafter referred to as 'the College ') in the year 1990 to impart teachers ' training education as per the norms and standard prescribed by the law and the State Government.

(3.) IN the meantime, the Chancellor of the Universities (the Governor of the State of Bihar) received certain information with regard to the bungling and irregularities committed by several Teachers Training Colleges, including National Teachers Training College, Arer (Madhubani) and Fakruddin Ali Ahmad Teachers Training College, Darbhanga and, thereafter, directed the Vigilance Department of the State of Bihar to make necessary enquiry into the affairs of the College, including the College in question. The Vigilance Department entrusted the enquiry to Ajay Kumar Mishra, D.S.P., Vigilance -cum -Officer Incharge, Vigilance Police Station, Patna, who made a preliminary enquiry and alter conclusion of the said enquiry, it was found that a prima -facie cognizable case for investigation is made out against the public servants as well as the office bearers of the fictitious Teachers Training Colleges and, thereafter, the aforesaid case was registered against the public servants including the Minister, the petitioner and others.