P.K.GOSWAMI, Y.V.CHANDRACHUD, P.N.SHINGHAL
Kurukshetra University – Appellant
Versus
State Of Haryana – Respondent
Judgment
CHANDRACHUD, J. - The Kurukshetrs University which is one of the appellants before us, filed a first information report through its Warder in regard to an incident which is alleged to have taken place on the night between 25th and 26th of Sep., 1975 in one of the University hostels. Acting on that report, the police registered a case under Ss. 448 and 452, Penal Code, against respondent 2, Vinay Kumar. But before any investigation could be done by the police respondent 2 filed a petition in the High Court of Punjab and Haryana praying that the First Information Report be quashed. The High Court, without issuing notice to the University, quashed the First Information Report by its judgment dated December 22, 1975 and directed respondent 1, the State of Haryana to pay a sum of Rs.300/- by way of costs to respondent 2. The University asked for a review of the order since it had no notice of the proceedings, but that application was dismissed by the High Court, giving rise to this appeal.
2. It surprises us in the extreme that the High Court thought that in the exercise of its inherent powers under Section 482 of the Code of Criminal Procedure, it could quash a First Information
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