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 Administration was on high alert. An emergent meeting was convened in the Vice Chancellor Lodge, BHU on 19.2.1997 which was attended by almost all senior District Administrative officials and Police Officials. Respondent No. 2 Prof. Onkar Singh, the then Chief Proctor of B.H.U. also attended this meeting. Pursuant to the decision taken in the meeting, Prof Onkar Singh, his Security Guard respondent No. 3 namely Mahngu Ram, Additional City Magistrate Badal Chatterjee, S.P. City Ashutosh Pandey and other police officials went around the University Campus on 20.2.1997.

3. It is alleged that on the said date there was wide spread violence in the campus on account of violent agitations unleashed by section of students. On 20.2.1997 there was wide spread violence, brick batting, hurling of country made bombs, use of fire-arm weapons etc. in the BHU campus. Reign of terror had been unleashed by a section of students. There was large scale turmoil in the University Campus. Some students started damaging the property and there was danger to the human lives also. One Police Officer Jai Prakash Mishra had infact received injuries in his eyes. Prof. Onkar Singh was having his licensed rifle with him which was being carried by his security Guard, respondent No. 3. It is further alleged that during the incident one Jai Prakash Singh, Circle Officer, P.S. Bhelupur snatched the rifle from the security Guard and fired upon the mob of students agitating at Birla Hostel, B.H.U. causing injuries to one Manoranjan Singh on non vital parts of body who later on succumbed to his injuries on account of septicemia. Thereafter, the FIR was lodged and the matter was finally investigated by the CBCID, UP and the charge-sheet was filed against Prof Onkar Singh, respondent No. 2 and Mahangu Ram respondent No. 3 under Sections 302, 201/34 IPC. Record also reveals that respondent No. 3 Mahangu Ram has died by now.

4. The said charge-sheet was challenged by accused respondents by filing the Misc Application under Section 482 No. 2862 of 1998 before this Court for quashing of the criminal proceedings. The accused respondents No. 2 & 3 claimed that no specific allegations had been levelled against them. Admittedly, fire-arm was discharged by Circle Officer of Police and that no overt act has been attributed to either the respondent No. 2 or respondent No. 3 and further no action was taken against any police personnel including Sri Jai Prakash Singh, the then Circle Officer, P.S. Bhelupur, who had infact opened fire upon the mob of students. The respondents No. 2 & 3 also claimed that Section 16 (D) of the BHU Act also provides them protection from prosecution. This Court after considering the objections raised by respondents No. 2 & 3 disposed of the said application under Section 482