SHRI VINAY RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) By filing the instant Application, the Petitioner, inter alia, prays for setting aside/quashing the impugned Order dated 05-06-2013, taking cognizance of the offence under Sections 406/420/467/ 120B/34 of the Indian Penal Code (for short "IPC"), passed by the Learned Chief Judicial Magistrate, South and West Sikkim, at Namchi, South Sikkim, in General Register Case No.119 of 2013 (presently pending before the Learned Judicial Magistrate, East at Gangtok) arising out of FIR No. 51/2012 dated 01-09-2012. That, the matter be remanded back to the Learned Magistrate with a direction to issue a speaking and reasoned order while taking cognizance, if any, duly affording the Petitioner an opportunity of making submissions before cognizance and that liberty be granted to the Petitioner to urge all other pleas raised in Crl.M.C. No.20 of 2014 (hereinafter referred to as "Crl.M.C.") before the Learned Magistrate, at the time of hearing on the point of cognizance.

(2.) Suffice it to mention here that the Petitioner had filed Crl.M.C. under Sec. 482 of the Code of Criminal Procedure (for short "Cr.P.C.") assailing the FIR No.51/2012, the Charge-Sheet, the Cognizance Order, Issuance of Summons to the Petitioner and subsequent proceedings and prayed that all of the above be quashed. The matter was thereafter listed for final hearing. In the interregnum, on 18-05-2016, the Petitioner filed the instant application being I.A. No.01 of 2016 which is the subject-matter for consideration in this Order.

(3.) The facts relevant herein are that the impugned FIR was registered suo motu by the Investigating Agency under Sections 406/420/467/120B/34 of the IPC, alleging that one Eastern Institute for Integrated Learning in Management (EIILM) University, Sikkim was awarding Degrees for which it did not have recognition from the competent Authorities. While the Petitioner was named in the said FIR there were no allegations as to his role or responsibilities in the affairs of the University in question. Hence, the above prayers in Crl.M.C.