SANTOSH ARORA Vs. STATE

JUDGEMENT

(1.) This petition under Section 561-A of the Code of Criminal Procedure, Svt. 1989 seeks quashing of F.I.R No. 16/2000 registered with Police Station, Pacca Danga, Jammu, and Order dated 03-06-04 of learned Chief Judicial Magistrate, Jammu.

(2.) The petition arises in the back-drop of few write-ups, published by an English daily STATE TIMES in its publications of 21st, 24th & 27th of November, 1999 under the caption "CAN ANYONE NURSE THIS SICK SYSTEM BACK TO HEALTH? WHY DO MINISTERS, BUREAUCRATS, WIPS LOOBY FOR STALLING PROBE INTO SEXUAL EXPLOITATION OF NURSES? AND "GOVERNMENT ATTEMPTS TO DEFEND AMT PRINCIPAL, KEEPS SILENT ON STUDENTS INTERESTS" which resulted in an attack at about 11.30a.rn on 29th of April, 1999 by about 40/50 students undergoing training in A.M.T. School, Jammu, at the office premises of the english daily, 'STATE TIMES'. This procession of students had been reportedly taken out at the instigation of Professor Vikram Singh and Mrs. Santosh Arora, the Principal of A.M.T. School, Jammu. The processionists had been raising slogans that whosoever spoke against their teachers and Principal would not be spared. This procession was being led by eleven persons which included Amit Khajuria, Romesh Chander, besides others. SHO Police Station, Pacca Danga, Jammu reached the spot and noticed the processionists entering the office of STATE TIMES and damaging its furniture, computers etc. Finding the processionists to have committed cognizable offences, he sent a request to Incharge Police Station, Pacca Danga, Jammu to register a case against the processionists and others under Sections 120-B/ 452/341/147/148/336/427 RPC. A Case F.I.R No. 178/99 was, accordingly, registered on this report. The case was investigated and Final Police Report was filed with the Chief Judicial Magistrate, Jammu indicating commission of offences under Sections 452/147/148/336/341/427/120-B RPC. On this challan, coming up for consideration, the petitioner and one Professor Vikram Singh appear to have raised an objection that they were protected by Section 197 of the Code of Criminal Procedure and in the absence of sanction of the Government, they could not be proceeded against. Learned Chief Judicial Magistrate, Jammu dismissed the plea of the petitioners and directed the file to come up for framing charge against the accused.

(3.) Petitioner, Santosh Arora has filed this petition to seek quashing of the F.I.R, and Order dated 03-06-04 of learned Chief Judicial Magistrate, Jammu.