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1977 (3) TMI 172 - SC - Indian Laws

Issues involved: Quashing of First Information Report (FIR) by High Court u/s 482 of CrPC without notice to University, Observations made by High Court regarding University's power to enforce discipline in campus.

Quashing of FIR by High Court: The Kurukshetra University filed an FIR through its Warden regarding an incident in one of the hostels. The police registered a case against the respondent, but before investigation, the respondent filed a petition in the High Court to quash the FIR. The High Court, without notifying the University, quashed the FIR and directed the State of Haryana to pay costs to the respondent. The University sought a review, which was dismissed. The Supreme Court found it surprising that the High Court thought it could quash the FIR u/s 482 of CrPC without any investigation or pending proceedings. The Court emphasized that inherent powers must be used sparingly and in rare cases, not arbitrarily.

Observations on University's power: The High Court, while quashing the FIR, made remarks about the University's authority to maintain discipline in its campus. The Court criticized the High Court for implying that outsiders could violate the University rules without consequences, potentially undermining discipline. The Supreme Court held that such observations should not have been made without giving the University a chance to be heard.

Decision: The Supreme Court allowed the appeal, setting aside the High Court's judgment and the order for the State of Haryana to pay costs to the respondent. The University assured that it would not pursue the complaint further. The Court clarified that the police have an obligation to investigate complaints filed by the University, even if the orders are not binding on outsiders. The police must act on complaints and inquire into them according to the law, especially if a cognizable offense is disclosed.

 

 

 

 

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