DINRAJ SHANDILAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed under Articles 226 and 227 of the Constitution for quashing a First Information Report lodged against the petitioners and restraining further investigation because accepting the allegations made in the First Information Report in question no cognizable offence is disclosed against the petitioners.

(2.) According to the petitioners, a decision was taken by the people of the locality to establish a Maithily University in the district of Darbhanga. Accordingly, "Maithily" University was registered under the Societies Registration Act, 1860. Petitioner No. 1 is the Pro-Chancellor and other petitioners are the Officers of the said University which has branches in different parts of the country ; the primary object being to educate through medium of Maithily and Sanskrit. It has also been claimed that the said University has been conferring the diplomas, degrees etc. of Madhyama, Visharad, Shastri, Acharya Vidyalankar, Vidya Ratna, Vidya Varidhi, Vidhavachapati etc.

(3.) The First Information Report was lodged on 20th December, 1986, by the Inspector of Police, Criminal Investigation Department (C. I. D.), Bihar, Patna before the officer-in-charge, University Police Station, Darbhanga, alleging that the petitioners were running an institution known as "Maithily University'' without such institution being recognised or approved by the competent authority. It was further alleged that petitioner No. 1 claiming to be the Vice-Chancellor of the said University has been distributing graduate degrees in different subjects to persons throughout the country. It was stated that during preliminary enquiry it has transpired that this institution has no building and it is running in three or four rooms and has been awarding degrees of B. A. M. A., B. Com., M. Com , or B. Sc. and M. Sc. without there being any authority for awarding any such degree. The said University is also awarding degrees of Doctor of Western Medicine (D. W. M) and Doctor of Western Surgery (D. W. S). It has been alleged that for awarding such degrees huge money is being received by the petitioners knowing that these degrees are not recognised degrees by any University or State Government. In the First Information Report, some details of the money collected and deposited by the petitioners in the Bank have also been mentioned.