C.C THAMPI Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) Petitioner is the second accused in Crime No.R.C.18(A)/2009 of the Special Judge (SPE-CBI) Ernakulam for offences punishable under section 120B , 420 IPC r/w 13(2) r/w 13(1)(d) of the Prevention of Corruption Act . Petitioner challenges Annexure-A12 order passed by the Court in C.M.P.No.21 of 2017. First accused is the Regional Director of AICTE.

(2.) According to the petitioner, he is a Non Resident Indian and the Chairman and Managing Trustee of one Cheruvathoor foundation. The above foundation has established an engineering college by name, Thejus Engineering College. The above college is situated in 10.525 Acres of land in Thalapully taluk. The college had obtained letter of approval issued by AICTE dated 23.06.2009 which thereafter was being renewed from time to time.

(3.) While so, the present crime was registered by the CBI on an allegation that the first accused while functioning as the Regional Director of AICTE, during the period 2008-2009, abused her official position as public servant and entered into criminal conspiracy with the second accused in dishonestly recommending the proposal of the second accused for affiliation to the new engineering college set up by the foundation. It was alleged that the above proposal was sent for approval when the college did not have basic facilities as per the AICTE norms and standards and thereby cheated the Government of India and obtained wrongful gain in the form of capitation fee collected from the students. After investigation, CBI filed Annexure-A10 closure report dated 13.09.2010. It was accepted by the Court. Later, CBI submitted Annexure-A11 application dated 05.01.2017 before the CBI Court seeking permission to investigate further the case. It was allowed by the Court by Annexure-A12 order holding that the CBI has given valid and cogent grounds for conducting further investigation. The above order is under challenge in the present proceedings.