Allahabad High Court
Dr. Satyamvada Singh Chief Proctor And ... vs State Of U.P. And Another on 25 September, 2019
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD A.F.R. Reserved On : 29.03.2019 Delivered On : 25.09.2019 Case :- APPLICATION U/S 482 No. - 992 of 2006 Applicant :- Dr. Satyamvada Singh Chief Proctor And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jagdish Singh Sengar,Sudhir Solanki,Umesh Dwivedi Counsel for Opposite Party :- Govt. Advocate Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. appearing for opposite party no. 1.
Notice was issued to opposite party no. 2 but neither any one appeared on his behalf nor any counter affidavit has been filed.
Brief facts of the case is that applicant no. 1 is Lecturer in C.M.P. Degree College (hereinafter referred to as the 'College') which is affiliated to Allahabad University, Allahabad and holding the post of Chief Proctor also, applicant no. 2 is Principal and applicant no. 3 is Security Officer of the said College. Opposite party no. 2 was the Publication Secretary of the Students Union of the College. On 15.03.2005, one Ranjeet Sonkar, brother of opposite party no. 2 was caught red handed using unfair means in the examination and thus his answer books and other materials were taken by the Invigilator and deposited in the Office of the College. After getting information of this fact, opposite party no. 2 along with 2-3 other persons, forcibly entered into the Central Room of College and pressurized the College Administration to return the materials recovered from his brother, Ranjeet Sonkar. They have also threatened the College Administration, broken Maruti Van of the Allahabad University and beaten the driver. For that incident dated 15.03.2005, applicant no. 2 has lodged F.I.R. at Police Station, George Town, Allahabad against opposite party no. 2 and three others under sections 323, 506, 336, 427 I.P.C. giving rise to Crime No. 49 of 2005. A news item of this incident was also published in daily newpaper Amar Ujala on 17.03.2005.
Opposite party no. 2 again forcibly entered into the College campus on 11.06.2005 and fired by rifle in the air, entered in the Office of Principal and created pressure for admitting the students for which applicant no. 2 has again given information to Station House Officer, George Town, Allahabad on the very same date i.e. 11.06.2005. Opposite party no. 2 along with other students has again started pressurising the College Administration in favour of students, who caught using unfair means and on 23.06.2005, opposite party no. 2 along with others committed theft by breaking the door of Maruti Car of applicant no. 1 and stolen three sarees, blowses and Rs. 1500/- and for this occurence, applicant no. 1 lodged F.I.R. against the opposite party no. 2 and others which was registered under sections 379, 506 I.P.C. at P.S. George Town, Allahabad as Case Crime No. 106 of 2005. Similar complaint was also lodged by other staff of the College against opposite party no. 2 on 28.06.2005 for forcibly closing the College counter by pelting stones for which applicant no. 2 again wrote a letter to the Station House Officer, George Town, Allahabad and made a complaint against opposite party no. 2 and prayed for lodging F.I.R. vide letter dated 28.06.2005. This incident was also published in the newspaper.
Opposite party no. 2 along with others continued their tirade against applicants and other office bearers of the College and indulge in stone pelting, regarding which news items were also flashed from time to time in the newspapers. On 19.07.2005, applicant no. 2 informed A.D.M. City, Allahabad that opposite party no. 2 along with some unsocial elements are disrupting the peaceful administration of the College by insisting illegal demands and prayed for deployment of additional force. When Station House Officer, George Town, Allahabad has not taken any action against opposite party no. 2, applicant no. 1 on 08.08.2005 wrote a letter to Zonal Officer, L.I.U., Allahabad against opposite party no. 2 seeking protection to her life as she had no faith in the police of P. S., George Town, Allahabad.
Again on 06.09.2005, admission for Evening Classes was going on and opposite party no. 2 along with others entered into the College, interfered with the process of administration and forcibly closed the counters and indulge in scuffle with Rajat Srivastava, Proctor and Security Officer, applicant no. 2 tried to snatch his gun and damaged number of Cars of the teachers, parked in the College campus. Regarding this occurence, applicant no. 1 lodged F.I.R. dated 06.09.2005 which was registered as Case Crime No. 151 of 2005 under sections 147, 148, 323, 352, 504, 506, 427 I.P.C. at P.S. George Town, Allahabad. In the said incident dated 06.09.2005, applicant no. 3 was manhandled by opposite party no. 2 and others and received injuries for which medical examination was also conducted at T.B. Sapru Hospital, Allahabad on the very same day i.e. 06.09.2005 and doctor noted three injuries. This incident was also published in the daily newspaper Amar Ujala on 07.09.2005.
Considering all these incidents, College Administration has finally rusticated opposite party no. 2, his brother and three others from the College for a period of two years vide order dated 06.09.2005.
Learned counsel for the applicants submitted that as the number of complaints has been lodged against opposite party no. 2 and others, as a counter blast, just to pressurize the applicants to withdraw the criminal proceedings initiated by them against opposite party no. 2 and others, opposite party no. 2 has filed impugned complaint on 07.10.2005 against the applicants in the Court of Special Chief Judicial Magistrate, Allahabad and the said complaint was registered as Criminal Case No. 1668 of 2005 (Ishu Sonkar vs. Dr. Satyamvada Singh and others). As per complaint, on 06.09.2005, admission for Evening Classes was going on and from the students, affidavits were being taken by College Administration that they would not make claim of their admission for day classes in the future and after hearing this news, opposite party no. 2 had gone to enquire from applicant no. 1, where he was misbehaved by applicant no. 3 and also abused and chased by applicant no. 3, who was armed with Revolver. He was caught and assaulted by them and Chief Security Officer along with 10-15 persons, broken the wind screen of the car parked in the College premises and called the police. It is further alleged that on 15.09.2005, when opposite party no. 2 went to Office of the Students Union, without any reason, he was again assaulted by applicant nos. 1 & 3 and he was also called by his caste name, beaten, insulted and ousted from the College Campus.
Learned counsel for the applicants submitted that by perusal of sequence of facts, this is very much clear that opposite party no. 2 is an unsocial element involved in negative students politics and his brother was caught using unfair means and for the illegal activities of opposite party no. 2, several F.I.R.s have also been lodged. He further submitted that so far as applicants are concerned, they are Principal, Teacher and Security Staff of the College having no criminal antecedents.
From perusal of complaints, it is very much clear that all allegations are totaly bogus, fabricated, absurd and not reliable at all coupled with the facts that the complainant is a person with criminal antecedents who was rusticated from the College for a period of two years and number of complaints, F.I.R.s have also been lodged against him. The complainant-opposite party no. 2 examined himself on 07.10.2005 under section 200 Cr.P.C. thereafter examined complainant no. 1, Raju Pasi and his brother complainant no. 2, Ranjeet Sonkar under section 202 Cr.P.C., who was caught using unfair means by the College Administration.
Learned Chief Judicial Magistrate has passed impugned summoning order dated 01.12.2005 without application of mind and without recording any reason. He has also not considered this fact that accused-opposite parties in complaint are respected Principal, Teacher and Secrurity Staff of the College.
It is further reiterated that on one hand, applicants are academicians having no criminal antecendents to their credits and on other hand, complainant against whom several complaints have been lodged in police station George Town, Allahabad and without considering any of the facts, summoning order has been issued in a very mechanical way which is liable to be set aside.
No counter affidavit has been filed on behalf of opposite party no. 2 even after issuance of notice.
Learned A.G.A. has opposed the submissions made by learned counsel for the applicants on the basis of counter affidavit filed by the State and submitted that as the incident took place, therefore, after recording statements of the complainant under section 200 Cr.P.C. and witnesses under sections 201 and 202 Cr.P.C., impugned summoning order has rightly been issued.
On being confronted by the Court, learned A.G.A. could not deny this fact that the applicants are Principal, Teacher and Security Staff of the College having no criminal antecedents and also could not deny the several facts of criminal activities about the complainant in the affidavit. He is also not in a position to put a case of malafide against the applicants.
I have considered the rival submissions made by learned counsel for the parties and perused the record.
From the perusal of facts, this is very much clear that out of three applicants, two are Teachers and third one is Security Officer of the College. Apart from teaching assignment, two applicants are also having Administrative post as applicant no. 1 is Chief Proctor, applicant no. 2 is Principal and all three applicants are having no criminal antecedents. In fact, all of them are performing their administrative duties for smooth and peaceful functioning of College Administration, which was interrupted by opposite party no. 2 in the name of Students Union Leader. It is very surprising that learned Chief Judicial Magistrate has issued summoning order without considering the facts, without application of mind and without testing the incidents of complainant as well as accused before him i.e. applicants, who are teaching and administrative staff of a College. In all eventuality, issuance of summoning order is not a mere formality, in fact it initiates criminal proceedings against a person and compel him to face criminal trial, therefore, it is required on the part of learned Chief Judicial Magistrate to consider each and every facts about the complainant as well as accused before issuance of summoning order and further reasons has to be recorded. If in such case, which is before this Court, continuance of criminal proceeding is permitted then this would be hazardous as no teachers of College would come forward to hold Administrative post for smooth and peaceful functioning of Educational Institution.
Learned Chief Judicial Magistrate was required to see this aspect of the matter before issuing summoning order, therefore, proceedings in Criminal Complaint Case No. 1668 of 2005 ( Ishu Sonkar Vs. Dr. Satyamvada Singh and others) under sections 323, 504, 506 I.P.C. and summoning order dated 01.12.2005 are bad in the eye of law and are hereby quashed.
With the aforesaid observations, present 482 Cr.P.C. application is allowed.
No order as to costs.
Order Date :- 25.09.2019 Sartaj