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2012 Supreme(MP) 177
IN THE HIGH OF MADHYA PRADESH
N.K. Gupta, J.
K.S. Pandey (Dr.) v. State of M.P. and another
Miscellaneous Criminal Cases No.8653 of 2008 and
1197 of 2009 (Jabalpur); Decided on 19.3.2012.
Manish Datt for appellants;
R.P. Tiwari, Government Advocate for respondent/State;
A.K. Singh for respondent No.2.
Headnote:(1) Criminal P.C., 1973 -- S.154 -- disciplinary action against the complainant not mala fide -- not because of her being of Scheduled Caste -- multiple FIRs lodged by complainant considered only as counter blast -- deserves to be quashed -- according quashed.
Held : After perusal of the entire evidence, it appears that since the complainant was removed from her job and no degree of M.Tech was awarded to her, in such circumstances, she had lodged so many FIRs under frustration. It is true that the matter is pending in civil side before this Court in which stay has been granted, but whether that stay creates a bar to the applicants’ action on the administrative side. Certainly, such actions cannot be said to be mala fide. The complainant did not take any action against the applicants upto the year 2008 and now she alleges that she was being harassed from the year 2005 to 2008. There is no reason shown as to why the FIR was not lodged in those three years, therefore, it appears that it is a case of counter blast. It appears that all the actions were taken by the applicants, because the complainant lost her qualification for her appointment as a Lecturer, and therefore prima facie it cannot be said that they have committed any offence. If the complainant succeeds in her writ petition, then she might get her degree of M.Tech and her job back, but at present she cannot retain the quarter which was allotted to her due to her job, and therefore at present it cannot be said that actions taken by the applicants were mala fide and without any legal basis. Under such circumstances, various FIRs lodged by the complainant appear to be counter blast in the eye of law. AIR 1992 SC 604, (2008)5 SCC 248, (2008)16 SCC 763, (2009)1 SCC 706 and (2009)9 SCC 682 followed.
(2) Criminal P.C., 1973 -- S.482 -- unimpeachable documents submitted by accused after FIR -- can be considered by High Court. [Para 9
¼1½ naM izfdz;k lafgrk] 1973 & /kkjk 154 & ifjoknh ds fo:) vuq’kklfud dkjZokbZ nqHkkZoukiw.kZ ugha & mlds vuqlwfpr tkfr dk gksus ds dkj.k izrkM+uk ds fy, ugha & ifjoknh )kjk nkf[ky cgqy izFke bfryk fjiksVsZ izfrfoLQksV ek= ekuh xbZ & vfHk[kafMr gksus ;ksX; & rn~uqlkj vfHk[kafMrA
vfHkfu/kkZfjr % laiw.kZ lk{; ds ifj’khyu ds i’pkr~ ;g izdV gksrk gS fd D;ksafd ifjoknh dks mlds dk;Z ls gVk;k x;k rFkk ,e- Vsd- dh fMxzh mls iznku ugha dh xbZ] bu ifjfLFkfr;ksa ds v/khu] mlus dqaBk ds v/khu bruh izFke bfryk fjiksVsZ nkf[ky dhA ;g lR; gS fd ekeyk bl U;k;ky; esa flfoy i{k esa yafcr gS ftlesa jksd yxkbZ xbZ gS] ijarq D;k bl jksd ls iz’kklfud i{k dh vksj vihykFkhZx.k dh dkjZokbZ ij otZu l`ftr gksrk gSA fuf’pr :i ls] ,slh dkjZokbZ nqHkkZoukiw.kZ ugha dgh tk ldrhA ifjoknh us vihykFkhZx.k ds fo:) o”kZ 2008 rd dksbZ dkjZokbZ ugha dh rFkk vc mldk vfHkdFku gS fd o”kZ 2005 ls 2008 rd mls izrkfM+r fd;k tk jgk FkkA blds fo”k;d nf’kZr dksbZ dkj.k ugha fd bu rhu o”kksZ esa izFke bfryk fjiksVZ D;ksa nkf[ky ugha dh xbZ] blfy, ;g izdV gksrk gS fd ;g izfrfoLQksV dk ekeyk gSA ;g izdV gksrk gS fd vihykFkhZx.k )kjk lHkh dkjZokbZ;k¡ blfy, dh xbZ D;ksafd ifjoknh us izk/;kid ds :i esa viuh fu;qfDr ds fy, viuh vgZrk x¡ok nh rFkk blfy, izFken`”V~;k ;g ugha dgk tk ldrk fd mUgksaus dksbZ vijk/k fd;kA ;fn ifjoknh viuh fjV ;kfpdk esa lQy gksrh gS] rc og viuh ,e- Vsd dh fMxzh rFkk viuk dk;Z okil ik ldrh gS] ijarq orZeku esa] og ml vkoklx`g esa ugha jg ldrh tks mls mlds dk;Z ds dkj.k vkcafVr fd;k x;k Fkk] rFkk blfy,] orZeku esa ;g ugha dgk tk ldrk fd vihykFkhZx.k )kjk dh xbZ dkjZokbZ;k¡ nqHkkZoukiw.kZ rFkk fcuk fdlh fof/kd vk/kkj ds FkhA bu ifjfLFkfr;ksa ds v/khu] ifjoknh )kjk nkf[ky vusd izFke bfryk fjiksVsZ fof/k dh n`f”V esa izfrfoLQksV izdV gksrh gSA , vkb vkj 1992 ,l lh 604] ¼2008½5 ,l lh lh 248] ¼2008½ 16 ,l lh lh 763] ¼2009½1 ,l lh lh 706 rFkk ¼2009½9 ,l lh lh 682 vuqlfjrA
¼2½ naM izfdz;k lafgrk] 1973 & /kkjk 482 & izFke bfryk fjiksVZ ds i’pkr~ vfHk;qDr )kjk izLrqr vuf/k{ksiuh; nLrkost & mPp U;k;ky; )kjk fopkfjr fd, tk ldrs gSaA
¼iSjk 9½
1. This order shall govern the disposal of above mentioned two applications, as common question of fact and law are involved in these applications.
2. The applicants have preferred the present applications under section 482 of CrPC for quashing the FIR lodged by the respondent No.2, which was registered vide Crime No.5/2008 before the Police Station AJK Bhopal for commission of offence punishable under sections 505, 120B of IPC and section 3(1)(viii) and (x) of SC/ST (Prevention of Atrocities) Act, 1989 (for short “Special Act”).
3. The facts of the case in a nutshell are that on 20.8.2008 the respondent No.2 who was a Lecturer in Maulana Azad National Institute of Technology (for brevity “MANIT”) had lodged an FIR that she had made some complaints on 30.5.2007 and 1.6.2007 before the SHO, Police Station AJK Bhopal, but no case was registered. Actually Dr. K.S. Pandey (applicant in M.Cr.C. No.8653/2008), Director of MANIT Bhopal was harassing the complainant on the basis of the caste. A civil case was pending before the trial Court as well as Writ Petition No.5224/2007 is pending before this Court in which stay was granted. It was also stated in the FIR that DPRC permitted the complainant to get admission for Ph.D. courses, but Dr. Pandey prohibited the complainant because the complainant was of Scheduled Caste. Under such circumstances, Dr. Pandey got the degree of Ph.D. to be cancelled on the basis of caste and though the matter is pending before the High Court and stay was granted, a report was lodged by Dr. Pandey before the Police Station Kamla Nagar, Bhopal, which case was registered vide Crime No.155/2008 at Police Station Kamla Nagar, Bhopal. It is surprising that in the document Annexure P-4 date 29.3.2007 was manipulated to be 31.1.2008 and thereafter police took cognizance in a fresh manner. Thereafter the FIR was sent by the complainant and her husband. It was also mentioned in another FIR that Dr. Pandey was permitting so many persons to touch his feet and he was maintaining the difference between the persons on the basis of caste. Dr. Pandey harassed the complainant on the basis of caste. Also he confused Dr. Sushil Chand Shrivastava (applicant in M.Cr.C. No.1197/2009) and obtained a note that thesis submitted by the complainant was a 90% copy of the thesis submitted by Shri J.M. Choubey, whereas the complainant got the reference from internet only and Shri Choubey also took reference from the internet. However, the thesis submitted by the complainant was cancelled, and therefore degree was also cancelled. Under such circumstances, she was terminated from her job. Ultimately, she was threatened so that she could leave her quarter. Dr. Pandey cancelled the allotment of quarter of the complainant and a fake case was also lodged for eviction before the competent authority. After due investigation, charge-sheet was submitted before the concerned Magistrate and the matter was committed to the civil Court under SC/ST (Prevention of Atrocities) Act, 1989, where it is pending.
4. Heard the learned counsel for the parties at length.
5. Learned counsel for the applicants have submitted that after receiving a complaint about the thesis of the complainant, a committee was constituted by the Director, comprising of six Deans of various departments including Dr. Ashutosh Sharma, Dr. H.K. Khaira, Dr. Sushil Kumar Mittal, Dr. G. Dixit, Dr. Saroj Rangnekar and Dr. M. Kumar. They submitted a report dated 19.12.2006 that 95.5% portion of the thesis submitted by the complainant was found to be the same as it was submitted by Shri J.M. Choubey, and therefore the thesis submitted by the complainant was nothing, but the copy of thesis of someone else. Thereafter, the Dean Committee’s report was considered before the Senate of MANIT and it was resolved that degree awarded to the complainant in the year 2005 shall be withdrawn.The applicants have submitted the copy of minutes of the Dean Committee dated 19.12.2006 as well as the copy of
