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2022 Supreme(Raj) 1462

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Birendra Kumar, J.
Prof. (dr.) Amarika Singh – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous (Petition) No. 4740/2022
Decided On : 09-09-2022

Advocates appeared:
Mr. S.S. Hora, Advocate., for the Petitioner
Mr. R.P. Singh, AAG/Senior Advocate assisted by Mr. Jaivardhan Singh Shekhawat Mr. G.S. Rathore, GA cum AAG Mr. Prashant Sharma, PP., for the Respondent

Headnote:

FIR Quashing - Private University Establishment - IPC 166, 167, 420, 467, 468, 471, 120B - Summary of Acts and Sections: The court discussed the ingredients of offences under Section 167 and 415 IPC, highlighting the definitions and interpretations of 'public servant' and 'cheating'. The court emphasized the role of the petitioner as a public servant and the intentional submission of a factually incorrect report, leading to potential damage to the reputation of the State Government. The court held that prima facie offences under Section 167 and 415 IPC were made out against the petitioner, and the investigation could not be scuttled at the threshold.

Fact of the Case:

The petitioner sought quashing of an FIR for offences under IPC Sections 166, 167, 420, 467, 468, 471, 120B, alleging that the FIR was politically motivated and lacked disclosure of cognizable offences. The case involved the establishment of a private university and the submission of a false verification report by the petitioner's committee.

Finding of the Court:

The court found that prima facie offences under Section 167 and 415 IPC were made out against the petitioner, and the investigation could not be scuttled at the threshold.

Issues: The issues revolved around the disclosure of cognizable offences in the FIR, the role of the petitioner as a public servant, and the intentional submission of a factually incorrect report.

Ratio Decidendi: The court emphasized the definitions and interpretations of 'public servant' and 'cheating', highlighting the intentional submission of a factually incorrect report and its potential impact on the reputation of the State Government.

Final Decision: The petition was dismissed, and the court held that nothing observed shall prejudice the case of any party in future proceedings arising from the impugned FIR.

JUDGMENT

1. The petitioner has sought for quashing of FIR No. 106/2022 registered with Ashok Nagar Police Station in the city of Jaipur for offences under Section 166, 167, 420, 467, 468, 471 and 120B IPC. The prayer is on the ground that the FIR does not disclose ingredients of a cognizable offence rather has been instituted due to political and departmental rivalries.

2. The backdrop of the FIR is that a proposal came to the State Government on 12.3.2021 for establishing a private University named as Gurukul University at Sikar in the State of Rajasthan. The proposal was from trustee of Gurukul Educational Society. The said proposal contained the details of availability of requirements with specific documents of land in possession of Gurukul Educational society. The State Government has already issued executive directions dated 26.7.2007 giving guidelines for establishment of private universities. Under guideline No. (4), the State Government on receipt of the proposal and the project report for establishment of a university shall constitute a committee consisting of such members as may be specified by it to examine the proposal and the project. Accordingly, the State Government constituted a committee under the chairmanship of Professor I.V. Trivedi, Vice Chancellor, Govind Guru Tribal University. The aforesaid committee submitted its report dated 19.6.2021. Considering the report of the committee, the State issued letters of intent to Gurukul Shikshan Sanshtan on 2.7.2021 with specific information required to be furnished by the Gurukul Shikhshan Sansthan. Accordingly, the Gurukul Shishan Sansthan submitted a report on 15.9.2021. Thereafter in accordance to guideline (11) on receiving the compliance report, the State Government constituted another committee, headed by the petitioner and other members to verify the compliance report. The order of the State Government dated 29.9.2021 contains specification of task to be performed by the new committee. The petitioner has stated in para 8 of the petition as follows:

      "8. ... ... ... After which the petitioner along with the committee members, visited the campus and the buildings at the site and physically verified, the facilities at the campus such as the Academic Block, Administrative Block, Library, Laboratories, Classrooms, Seminar Hall, Playgrounds, Sports Facilities, Hostel etc."

      3. On presentation of the report by the committee headed by the petitioner, a bill was introduced in the Vidhan Sabha after compliance of the required procedure for establishment of a private University namely Gurukul University in the State. The discussion on the bill was held on 22.3.2022. During discussion, some alarming facts were brought to the notice of the house, especially non-availability of land or building at the proposed place of the university. Thereafter, State Government constituted an enquiry committee headed by the Divisional Commissioner, Jaipur. The committee after giving opportunity of hearing to all concerned, submitted report dated 1.4.2022. The enquiry committee reported that the committee headed by the petitioner colluded with the Gurukul Educational Institution and just to give wrongful gain to the University, presented a false verification report to the State Government. The committee of the petitioner had reported that there is one chunk of land measuring 80.31 acres possessed by the Gurukul. The committee headed by the petitioner misrepresented that the said agricultural land was already converted for institutional and health services purpose. In fact, such conversion was effected on 25.11.2021. The committee headed by the petitioner wrongly submitted that building of the University is already complete with all required faculties. In fact, the so called 80.31 acres of land was divided into two pieces and situated in two different Tehsils and the distance between the two places was 28 Kms. In fact, Gurukul Educational Society had only eight acres of land which was much less

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