TUSHAR K. NATH AND ORS. Vs. STATE

JUDGEMENT

(1.) THESE criminal revision cases have been preferred against the orders passed in Crl. M.P. Nos. 628, 303, 434, 435 and 345 of 2012 in C.C. No. 17 of 2012, dated 21 -05 -2015 by the XIII Additional Special Judge for CBI cases at Chennai.

(2.) THE case of the prosecution is that the first accused, by name John Alfred and second accused, by name Jayanthi John are the trustees of St. Alfred Educational Trust (A11) and they established J.A. Institute of Engineering and Technology, Koyambedu, Chennai and the third accused, by name M.S. Raghunathan is the Principal, the fourth accused, by name Edwin Prabhakar, is the Lecturer of the said College. Dr. Ramalingaiah (A5), Dr. Natarajan(A6), Dr. G.J.V.J. Raju(A7), Dr. J.P. Gupta(A8), Dr. R.C. Malhotra(A9), T.K. Nath(A10) have been arrayed as accused Nos. 5 to 10. During the period 1996 -2009, Dr. Hariharan, Dr. K. Jayakumar and Dr. B.N. Devaraj(deceased) have entered into criminal conspiracy at Chennai, New Delhi and other places to cheat AICTE, Government of Tamil Nadu, Madras University, Anna University, CMDA, students of JAIET, Indian Bank and others, in the matter of providing technical education for the aspiring students in the respective academic years. In pursuance of their conspiracy, John Alfred (A1) and Jayanthi John(A2) of St. Alfred Educational Trust knowing fully well that the Trust has not acquired immoveable properties at Parukkal Village and no temporary building/site existing at Mogappair, Chennai and also the land and building at Koyambedu are not sufficient and fulfill the condition to establish an Engineering College as per the norms of AICTE, dishonestly submitted proposals for approval of AICTE in establishing the JAIET and further extension of approvals for the respective years by endorsing/representing false documents/averments to AICTE and respective Expert Committee who visited the said Institution on various visits in the respective years, in furtherance of conspiracy, Dr. L.M. Patnaik, Dr. P. Ramalingaiah and Dr. B.N. Devaraj (deceased), instead of visiting temporary site at Mogappair and permanent site at Parukkal, visited JAIET at Koyambedu and recommended for issuance of letter of approval to JAIET for the engineering courses for academic year 1997 -98 and in pursuance of conspiracy, Dr. Natarajan(A6) knowing fully well that JAIET is an ineligible institution to run its courses, being Chairman of AICTE recommended approval to JAIET for 2004 -05, Dr. G.J.V.J. Raju (A7), Dr. J.P. Gupta (A8), Dr. R.C. Malhotra (A9) being the members of Appellate Committee/EC Sub Committee of AICTE, Delhi knowing fully well that JAIET is an ineligible institution to run courses and CMDA had not issued any approval for building plan, recommended to restore the intake in the Data Sheet vide their inspection report; in pursuance of conspiracy, Shri Tushar Khan Nath(A10) knowing fully well that CMDA had not issued any approval for building plan to JAIET, aided AICTE to accord its approval to JAIET for 2005 -06; in pursuance of conspiracy Shri M.S. Raghunathan (A3) knowing fully well that his qualification is only B.E., MBA and as per the norms of AICTE he is not eligible as a Principal and worked as Principal for JAIET, and enclosed the xerox copy of Ph.D degree in his favour along with other forged enclosures, as if the same was given by Jawaharlal Nehru Technological University without mentioning the place of the University, on 26 -07 -1980 for Rail Tester and Testing Rails in South Central Railway, for compliance report of JAIET for the year 2008 -09 sent to AICTE; in pursuance of conspiracy, Shri Edwin Prabhakar (A4), knowing fully well that without obtaining proper attestation in second copy of some of the sale deeds from the executants, altered that the building is approved by Chennai Corporation in respect of survey No. 186/02 of Koyambedu village vide document Nos. 4340 to 4344 of 2002 and document No. 4339 of 2002. Further, Shri John Alfred (A1) and Smt. Jayanthi John (A2), showed altered FDRs of Indian Bank, Casa Major Road, Egmore, Chennai in favour of A11 and A12 which were already closed, to the Expert Committee, who visited on 23 -08 -2004, and made them to believe that the Trust is having funds of Rs. 50 lakhs and Rs. 30 lakhs to run the institution as per norms of AICTE and further, Shri John Alfred (A1) and Smt. Jayanthi John (A2), sent xerox copies of approved plan dated 29 -04 -1997, allegedly given by Commissioner of Corporation, showing the proposed residential construction under door No. 41/1, 42/2, plot No. 57 & 58, Srinivasan Nagar, 2nd Street, Koyambedu and further, enclosed forged xerox copy of NOC of Government of Tamil Nadu and forged viability letter of University of Madras as if the same was issued for JAIET at Koyambedu, for change of address to AICTE vide their letter, dated 22 -10 -2008 and further, knowing fully well that CMDA has not approved for the construction at Annadheenam land in survey No. 160/2, mentioned falsely that the JAIET is situated in survey No. 186/2 and false correspondences sent to AICTE and thus obtained approvals/extension of approvals either from AICTE or through directions from the High Court to AICTE for extension of approvals.

(3.) THE Court -below after considering the divergent contentions raised on either side has dismissed all the petitions. Against the dismissal orders, tenth accused has filed Crl. R.C. No. 527 of 2015, accused Nos. 6 and 9 have filed Crl. R.C. No. 561 of 2015, eighth accused has filed Crl. R.C. No. 699 of 2015, seventh accused has filed Crl. R.C. No. 700 of 2015 and fifth accused has filed Crl. R.C. No. 789 of 2015.