Allahabad HC Dismisses Plea By VC Of Chhatrapati Shahuji Maharaj University, Seeking Quashing Of FIR In Corruption Case
The Allahabad High Court has dismissed the plea by Vinay Pathak, Vice Chancellor of Chhatrapati Shahuji Maharaj University, Kanpur, seeking quashing of FIR registered against him under Sections 342, 386, 504, and 506 of Indian Penal Code and Section 7 of Prevention of Corruption Act, 1988.
The bench of Justice Rajesh Singh Chauhan and Justice Vivek Kumar Singh observed that "Prima facie, the allegations of the FIR and material and evidences, which are said to have been gathered during investigation as per prosecution, constitute the cognizable offences, therefore, such FIR may not be quashed…"
However, the Court noted that it is open for the petitioner to take appropriate legal recourse by filing an appropriate application for anticipatory bail under Section 438 Cr.P.C.
"…if the allegation of the learned counsel for the petitioner is considered to the effect that the impugned FIR has been lodged without having any cogent and relevant material with the prosecution to tarnish the reputation of the petitioner, who is discharging the functions of Vice Chancellor of one University and has been Vice Chancellor of various Universities since 2009, the appropriate remedy would be to file an appropriate application for anticipatory bail under Section 438 Cr.P.C…", the Court observed.
Advocates Lalta Prasad Misra, Nadeem Murtaza, and Shubham Tripathi appeared for the petitioner whereas Senior Advocate Jaideep Narain Mathur appeared for the State. Senior Advocate I.B. Singh appeared for the complainant.
Pathak had challenged the FIR registered against him for allegedly taking a commission of Rs. 1.41 crore to clear the bill of a private company.
The Court noted that the allegations of the FIR as well as the material/ evidences which are said to have been gathered during investigation, prima facie, reveal cognizable offences subject to outcome of the investigation.
Accordingly, the Court dismissed the petition.
However, the Court noted that the petitioner may file applications under Section 438 Cr.P.C. or any other application before the competent court of law.
It further added that if any appropriate application is filed before the court below, the same shall be considered and disposed of with expedition.
Cause Title- Vinay Pathak v. State of U.P.