RAGHAV KALRA Vs. STATE THR CBI

JUDGEMENT

(1.) The All India Institute of Medical Sciences (AIIMS) had conducted an entrance examination on 08.05.2011 for admission to Post Graduate courses. The said examination was held through question paper containing 200 multiple choice questions, the answers whereto were to be marked on optical mark reader (OMR) answer-sheets using black ball point pen by the candidates. The OMR sheets which were issued to the candidates taking the said exam at various centres in four metro cities of India including Delhi would bear unique serial numbers. The question booklets which were supplied were also bearing booklets numbers, the same being returnable at the time of the exam alongwith OMR answer-sheets. Concededly, the four petitioners before this court were candidates and had actually taken the said exam.

(2.) The Central Bureau of Investigation (CBI) registered the first information report (FIR) - RC 219 2011 E0005 - on 02.06.2011, on the basis of source information about manipulation in the said exam, the prime role being of those connected to M/s. Hi Tech Graphics, the agency which had been engaged by AIIMS for scanning and evaluation of the OMR answer sheets. On conclusion of the investigation into the said FIR, report (charge-sheet) under Section 173 of the Code of the Criminal Procedure, 1973 (Cr. PC) was submitted, followed by some supplementary reports, upon cognizance being taken on which, the petitioners herein alongwith certain others were summoned as accused.

(3.) The Chief Metropolitan Magistrate (CMM) of the Central District, after securing the presence of all the accused who had been summoned, considered the question of charge. By a very detailed order passed on 29.09.2014, he found charge made out against these petitioners for the offence under Section 120B read with Sections 420, 467, 468, 471 of the Indian Penal Code, 1860 (IPC) besides for the substantive offence under Section 420 IPC. Similarly charge was also found made out against two persons connected to M/s. Hi Tech Graphics, they being Rajib Ghatak and Dev Raj for the offence under Section 471 IPC.