Sikkim High Court

Crl. M. C./20/2014 of Vinay Rai Vs State Of Sikkim on 11 August 2017

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Court of Sikkim Record of proceedings Crl. M.C. No. 20 of 2014 Vinay Rai vs. State of Sikkim & Crl. M.C. No. 21 of 2014 Vinay Rai vs. State of Sikkim BEFORE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE 21. 11.08.2017 Present :Mr. S.P. Bhutia, Advocate for the Petitioner. Mr. Karma

Crl. M.C. No. 20 of 2014 Vinay Rai vs. State of Sikkim

&

Crl. M.C. No. 21 of 2014

Vinay Rai vs. State of Sikkim

BEFORE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE

21. 11.08.2017 Present :Mr. S.P. Bhutia, Advocate for the Petitioner.

Mr. Karma Thinlay, Addl. Public Prosecutor with Mr. S.K. Chettri and Mrs. Pollin Rai, Asst. Public Prosecutors for the State-Respondent.

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1. Order pronounced in open Court.

2. Detailed Order vide separate sheets of paper.

3. Crl. M.C. No. 20 of 2014 and Crl. M.C. No. 21 of 2014 stand disposed of.

4. In view of the aforestated Order passed today, I.A. No. 1 of 2014 in Crl. M.C. No. 20 of 2014 and I.A. No. 1 of 2014 in Crl. M.C. No. 21 of 2014 also stand disposed of.

5. I.A. No. 4 of 2016 in Crl. M.C. No. 21 of 2014 stands disposed of in terms of the Order passed in I.A. No.1 of 2016 in Crl. M.C. No. 20 of 2014 dated 19.08.2016.

6. The rival contentions of learned Counsel were heard in I.A. No.10 of 2017 in Crl. M.C. No. 20 of 2014 and I.A. No. 6 of 2017 in Crl. M.C. No. 21 of 2014. As both the Applications share common prayers and pertain to a common issue, they are being disposed of by a single Order.

7. The Petitioner in these Petitions, inter alia, prays that this Court refer the matter to an Hon’ble retired Judge of this Court or any other High Court to go into the allegations of the Police against the EIILM University and its Officials. That, during such exercise, the provisions of the University Grants Commission Act, Distance Education Council, Indira Gandhi National Open University Act, 1985 and other relevant education Rules and Practices be considered.

8. Learned Counsel for the Respondent vehemently objects to the prayers and contends that this Court vide Order dated 15.10.2014 passed in Criminal Miscellaneous Case Nos. 17/2013, 18/2013, 22/2013, 23/2013 and 24/2013, concluded that prima facie there is sufficient material to continue the proceedings against the accused persons, hence the Petitions be rejected.

9. I have considered the submissions put forth by learned Counsel.

10. It may beneficially be pointed out that the facts germane to the instant Petitions have been discussed elaborately in Crl. M.C. No. 20 of 2014 and Crl. M.C. No. 21 of 2014. The said Petitions have been disposed of by the Order of this Court as follows; “31.Having carefully examined the facts placed before this Court pertaining to the matter at hand and also having meticulously examined all documents on record, I am of the considered opinion that there are sufficient prima facie materials to proceed against the petitioner, as it is apparent that there is a predominance of criminality in the acts of the Petitioner which cannot be categorised as essentially of a civil nature, although civil wrongs cannot be ruled out. Thus, it does not call for the High Court of Sikkim exercise of the powers under Section 482 of the Cr.P.C. by this Court.

32. The Criminal Miscellaneous Petitions are liable to be and are accordingly dismissed.”

11. In view of the above Order of dismissal, which are relevant to the instant Petitions as well, no further orders need be passed in these Petitions, which are accordingly rejected and dismissed.

12. Copy of this Order be placed in the connected Files, for record.

Judge

11.08.2017

Index : Yes / No

Internet : Yes / No

ds/bp

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