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High Court rejects Kanpur varsity V-C plea seeking quashing of FIR
The court, however, said the petitioner could approach the competent court for anticipatory bail under section 438 of the CrPC.
Lucknow: The Allahabad high court’s Lucknow bench on Tuesday rejected the plea of Chatrapati Sahu Ji Maharaj University vice-chancellor (V-C) Vinay Kumar Pathak, seeking the quashing of an FIR lodged against him in connection with a graft case.
While dismissing the petition, a division bench of Justice Rajesh Singh Chauhan and Justice Vivek Kumar Singh observed that the examination of the allegations made in the FIR lodged against Prof Pathak and evidence collected during an investigation in the case, disclosed prima facie commission of cognisable offences, subject to the outcome of the investigation.
The court, however, said the petitioner could approach the competent court for anticipatory bail under section 438 of the CrPC.
Pathak has been accused of demanding a hefty commission from an agency to clear its bills worth ₹1.4 crore when he was the officiating V-C of Dr Bhimrao Ambedkar University in Agra. The bills were for services obtained by the Agra university from the complainant’s firm in conducting examinations.
If any appropriate application is filed before the lower court by the petitioner, the same shall be considered and disposed of with expedition, without giving any unnecessary adjournment to any of the parties, the court added.
Advocate LP Mishra represented Prof Pathak in court. While senior advocate Jaideep Mathur represented the state, senior advocate IB Singh represented the complainant, David Mario Denise, who had lodged a complaint against Pathak based on which the FIR was lodged on October 31.
Opposing the petition, Mathur told the court about the STF’s findings about an Alwar-based firm in which the complainant had invested ₹74 lakh of the bribe money.
Pathak’s close aide Ajay Mishra had a close connection with the firm. The STF has already arrested Mishra.
‘Anomalies in recruitment at another varsity during Pathak’s tenure’
Now that the court has rejected Pathak’s plea, his arrest is likely. Uttar Pradesh Special Task Force (STF), the investigating agency, is likely to seek prosecution sanction against Pathak.
No police action was taken against Pathak since he had petitioned the court to quash the case against him and stay his arrest in the case. The police, meanwhile, arrested the other accused.
After the probe was handed over to the STF, Ajay Mishra, who also played the mediator’s role in demanding commission from the complainant, and one Ajay Jain were arrested.
“The STF has collected some crucial documents in connection with the probe against Pathak. Some employees of the Agra university are under the scanner. We were waiting for court directions to go ahead in the case. Now that the court’s instructions are clear, we can move independently and Pathak’s arrest is likely,” a senior STF official observed.
The official added several other anomalies related to the recruitment of outsourcing staff during Pathak’s tenure as the V-C of Dr APJ Abdul Kalam Technical University in Lucknow between August 2015 and August 2021 have also surfaced in the investigation.
