ANUPAM RAJAN Vs. STATE CBI

JUDGEMENT

(1.) THIS Criminal Revision Petition has been preferred under Sections 397,401 read with 482 of the Code of Criminal Procedure to seek the setting aside of the orders dated 10.05.1999 and 06.07.1999 passed by the Ld. MM in FIR No.RC 4(S) / 93-SIU-(II)-CBI, whereby he directed framing of charges against the petitioner and the co-accused Shri Ashraf Jamal- the petitioner in connected Crl. R.P. No.399/2009, for substantive offences under sections 420, 468 and 471 IPC and also for conspiracy under sections 120B read with sections 420, 468 and 471 IPC; and further framed the charges too.

(2.) ARGUMENTS had been heard and judgment reserved in this petition and Crl. Rev. Pet. No. 399/1999, initially on 21.05.2010. However, the judgment could not be pronounced within a reasonable period of time due to the heavy work load. Consequently, these cases were listed again and the counsels were heard again.

(3.) ACCORDING to the prosecution, Shri Anupam Rajan sent an application form on 3.2.93 to UPSC duly filled in for appearing in CS (Preliminary) Examination, 1993 from Daltonganj, Bihar, offering Patna as the Centre for the examination. The application was received at UPSC on 8.2.93 and was allotted Roll No.041998. Thereafter, Shri Anupam Rajan, while living in Satluj Hostel, JNU, New Delhi, again filled up the application, for the same examination. Both offered Sociology as optional subject and Delhi as Examination Centre. On 22.2.93, both Shri Rajan and Shri Jamal handed over their applications to their friend and co-boarder Shri Manoj Kumar, who was going to UPSC to deposit applications of many JNU boarders for CS(P) Exam, 1993. Shri Manoj Kumar deposited in UPSC the applications of many boarders including those of Shri Rajan and Shri Jamal. Shri Anupam Rajan and Shri Jamal were allotted consecutive Roll Nos. 169758 and 169757 respectively, and the same sub-centre, i.e. Govt. Girls Sr. Sec. School No.1, Sarojini Nagar, New Delhi. On 13.6.93, both Shri Rajan and Shri Jamal appeared in the examination in Room No. 13 of the said School, occupying adjacent seats as they had been allotted consecutive roll numbers.