Hon’ble Bharat Bhushan, J.—This Criminal revision is directed against the common judgment and order dated 9.6.2000 passed by learned Sessions Judge, Varanasi in Criminal Revision No. 145 of 2000 (Prof. Onkar Singh v. State) and Criminal Revision No. 146 of 2000 (Prof. Onkar Singh and another v. State), whereby both the criminal revisions were allowed by setting aside the order dated 19.5.2000 passed by the learned Chief Judicial Magistrate, Varanasi in Criminal Case No. 5178 of 1998 (State v. Prof Onkar Singh and another (CBCID, UP), arising out of Case Crime No. 23 of 1997, under Sections 302, 201/34 IPC, P.S. Lanka (CBCID), Varanasi by which the learned Magistrate, refused to drop the proceedings against the accused persons on account of Section 197 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) and Section 16 (D) of the Benaras Hindu University Act, 1915 (in short B.H.U. Act).

2. It appears that during relevant period Benaras Hindu University (in short B.H.U.) was holding forthcoming election for students union on 24.2.1997. There were preliminary reports indicating that there may be wide spread turbulence during election. On account of this rumpus, District