MONICA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) LEAVE granted.

(2.) CHALLENGE in this appeal is to the final judgment and order dated 24. 08. 2006 passed by the High Court of judicature at Allahabad whereby and whereunder the High court has dismissed Criminal Miscellaneous Applications bearing Nos. 7792 of 2006 and 7791 of 2006 filed by the appellants under Section 482 of the Code of Criminal procedure [for short "cr. P. C. "] in Case Crime No. 412 of 2005 under Sections 452, 323, 504, 506 and 427of the Indian Penal code [for short "the IPC"] and in Case Crime No. 21 of 2006 under Sections 452, 323, 336, 504, 506, 420 IPC respectively registered against them at Police Station, Vijay Nagar, District ghaziabad and seeking for entrustment of further investigation of the aforesaid cases to the Central Bureau of investigation [for short "the CBI"].

(3.) THE first appellant filed a Writ Petition No. 9150 of 2001 in the High Court wherein vide order dated 14/3/2001, the second respondent was directed to permit the first appellant to appear in the final Professional MBBS Part-I Examination. In compliance of the High Court"s order, the first appellant was permitted to appear in the examination, but her result was deliberately withheld for an oblique motive which compelled the first appellant to approach the High Court of Allahabad by way of Miscellaneous Application in the pending Writ Petition no. 9150/2001 for issuing necessary directions for declaration of her result. The High Court vide order dated 19. 9. 2001 directed the College authorities to declare the results of MBBS final Professional Part-I Examination, 2001 and the result of the scrutiny of Pharmacology of Second Professional examination, 2000 and further to permit the first appellant to appear in Final MBBS Part-II Examination and to declare the result of the said examination as well. By Orders dated 7. 01. 2002/16. 01. 2002, the High Court directed the college authorities to produce answer books of Pharmacology of the first appellant. On 4. 03. 2002, the High Court got the answer books of the first appellant re-examined by the Head of department of Pharmacology of Motilal Nehru Medical College, allahabad in the court itself. On re-examination of the papers, the first appellant secured good marks in both the papers and accordingly, the college authorities were directed to declare her results forthwith. It appears that the orders/directions of the high Court were not complied with which gave rise to the first appellant to file contempt of court proceedings against the college authorities. The High Court vide order dated 9. 4. 2002 directed the College authorities to be present personally in the court but in the meantime on 22. 04. 2002 the result was declared and for no valid reasons, the first appellant was declared failed in Surgery Practical Examination. The first appellant left with no other remedy, but to approach the High court by means of another writ petition. The High Court directed the second respondent to produce before it the tabulation chart of Surgery Practical Examination of all the students including the first appellant. The High Court on 12/11/2002 having noticed serious allegations of mala fide, restrained Dr. P. Mahalingam - the second respondent from interfering in and conducting examination of the first appellant and further directed that the practical examination of the first appellant be got conducted through Agra Medical college in which the first appellant was declared pass with 70% marks.