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2019 Supreme(All) 1704
IN THE HIGH COURT OF ALLAHABAD
SUDHIR AGARWAL, J.
Prof Onkar Singh And Another — Appellant
Versus
State Of U.P. — Respondent
Application U/S 482 No. 4317 of 1998
Decided on : 13-09-2019
Advocate Appeared:
Arun Prakash, Adv., Vikram D. Chauhan, Adv., Dinesh Pathak, Adv.
The main legal point established was the requirement of sufficient evidence to support the allegations and the importance of assessing the applicability of legal provisions in reaching a decision.
Headnote:
Section 482 Cr.P.C. - Quashing of orders - BHU Act, 1915 - Sections 147, 323, 325, 426 IPC - Summary
Fact of the Case:
The case involved an application under Section 482 Cr.P.C. for quashing orders rejecting the applicants' discharge in a case under Sections 147, 323, 325, 426 IPC. The incident occurred during a university examination, where the applicants, including the Chief Proctor, were accused of assaulting a student who protested against security personnel's actions.
Finding of the Court:
The court found that the summoning of the applicants under Sections 147, 323, 325, 426 IPC was illegal as the evidence did not support the allegations of causing hurt or grievous hurt. The court also concluded that there was no unlawful assembly or rioting, and the orders rejecting the discharge were quashed.
Issues: The issues involved the legality of summoning the applicants under Sections 147, 323, 325, 426 IPC and the application of the BHU Act, 1915 in the case.
Ratio Decidendi: The court's decision was based on the lack of evidence supporting the alleged offences and the absence of an unlawful assembly or rioting, leading to the quashing of the orders and proceedings.
Final Decision: The court allowed the application, quashed the orders and further proceedings, and found no offences under Sections 147, 323, 325, 426 IPC.
JUDGMENT :
Sudhir Agarwal, J.
This is an application under Section 482 Cr.P.C. filed by two applicants, namely, Prof. Onkar Singh and P.N. Pathak, praying for quashing of orders dated 26.02.1998 and 02.07.1998, rejecting application of applicants for discharge in Case No. 1277 of 1995, under Section 147, 323, 325 and 426 IPC, Police Station Lanka, Varanasi.
2. At the outset it may be placed on record that Applicant-2, P.N. Pathak son of Sri Kuber Pathak, has died on 03.03.2014, as per report submitted by Chief Judicial Magistrate, Varanasi vide letter dated 05.12.2016 after making inquiry as per this Court's circular dated 18.01.2017. Hence this application has abated qua Applicant-2 and is now surviving only in respect of Applicant-1.
3. Facts, in brief, giving rise to this application are that a First Information Report (hereinafter referred to as "FIR") being Case Crime No. 226 of 1992 under Section 147, 323, 426 IPC was filed in Police Station Lanka, Sadar, Varanasi, on 17.08.1992 by one Atul Mishra son of Sri Laxmi Narayan Mishra against applicants alleging that in the morning on 17.08.1992, when L.L.B. First Year examination was going on in Multipurpose Hall of Kashi Hindu University (Law Faculty), at around 10.15 am some security personnel attempted to take out the students from examination hall. Thereupon Informant protested and said that security personnel should go out of examination hall and allow students to complete examination. Thereupon Chief Security Officer, Onkar Singh, i.e., Applicant-1 assaulted Informant. Accompanying Security Officer, P.N. Pathak, i.e., Applicant-2 helped him in assaulting Informant. Thereafter on the instructions of Applicant-1, about ten number of security personnel came, took out Informant from examination hall and beat him with lathi and boots. Applicant-1, Onkar Singh also came out from examination hall and beat Informant. In the meantime some friends of Informant reached there and protested against assault committed by accused person and other Security Officers but Security Officers did not stop and dispel friends of Informant also. In this process clothes of one student, Rajesh Rai got torn. Informant is President of National Students Union of University and had raised voice against accused applicant, Onkar Singh, protesting against his misbehaviour with students.
4. Alleging that police, in collusion with accused, has not taken any further action in the above FIR, Informant filed a complaint dated 20.10.1992 registered as Case No. 106 of 1992 in the Court of Third Judicial Magistrate, Varanasi against applicants as also ten other security personnel, whose names were not known to Informant but he could recognize them. In the said complaint names of Rajesh Rai, Rajendra Prasad, Pravin Kumar Singh, Head Munshi Thana Lanka, Dr. S.K. Singh and Radiologist-Shiv Prasad Gupt Hospital, were mentioned as witnesses. A medical report was also made part of complaint. The complaint was registered on 20.10.1992 itself and for recording statement under Section 200 Cr.P.C. 29.10.1992 was fixed. Subsequently, Magistrate recorded statement under Section 200 Cr.P.C. and statement of witnesses i.e. PW-1, Pravin Kumar was recorded under Section 202 Cr.P.C. on 05.11.1992. No further witness was produced.
5. When matter was pending, police submitted a final report dated 31.12.1992 in Case Crime N. 226 of 1992 under Section 147, 323, 426 IPC.
6. Proceeding further on the complaint of Sri Atul Mishra, concerned Magistrate on 06.01.1993 passed order summoning both accused-applicants under Section 323,325 and 426 IPC. Magistrate observed that in the light of statement of Complainant under Section 200 Cr.P.C. and witness, Pravin Kumar (PW-1), under Section 202 Cr.P.C., and documentary evidence comprising of medical report and X-ray as also the copy of FIR, prima facie case against accused applicants under Sections 323, 325, 426 IPC is made out.
7. Applicants filed an application dated 10.02.1993 under Section 210(2)
