STATE REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE, CBI, ANTI CORRUPTION BRANCH, CHENNAI Vs. SUSHEELA RAJENDRAN

JUDGEMENT

(1.) This Criminal Revision is filed to set aside the impugned order dated 28.01.2016, passed by the Learned Additional District Munsif-cum-Judicial Magistrate - II, Karaikal, dated 28.01.2016, in Crl.M.P.No.3892 of 2015 (common order in Crl.M.P.Nos.518/2015, 519/2015, 520/2015, 521/2015, 522/2015, 1500/2015, 1501/2015, 1502/2015, 1503/2015, 3892/2015, 3893/2015, 3894/2015, 3895/2015, 5724/2014 in CC No.186 of 2013).

(2.) The case of the petitioner/State is that, based on source information, Vinayaka Mission Medical College and Hospital represented by Dr.K.R.Srinivasan, Dean; Dr.A.Shanmuga Sudaram, Chairman, Vinayaka Missions Research Foundation (the then Thirumuruga Kirubananda Variyar Thavathiru Sundara Swamigal Medical Educational Charitable Trust), Salem; Dr.K.R.Srinivasan, Dean, Vinayaka Missions Medical College and Hospital, Karaikal; Dr.S.K.Basu, Member, Medical Council of India; Dr.T.K.Parthasarathy, Director (Medical), Sri Ramachandra Medical College and Research Institute, Chennai; Dr.C.A.Desai, former Dean, D.J.Medical College, Ahmedabad and Dr.M.S.Kakre, former Dean, Tamil Nadu Medical College and BYL Nair Hospital, Mumbai, were arrayed as accused in the F.I.R., in this case.

(3.) According to the petitioner, the allegations in this case as per the charge sheet is that during the period 2009-2010, the above named accused at Karaikal, Chennai and other places, have entered into a criminal conspiracy to cheat the Medical Council of India (MCI), in the matter of arranging teaching faculty and clinical material to show that minimum requirement as per Medical Council of India Regulations, are available during inspection for continuation of recognition of M.B.B.S., Course by the MCI. In furtherance of the aforesaid criminal conspiracy, the accused persons have hired the Medical Practitioners who are not faculty members of the institute at the time of inspection and dishonestly showed them as if they are faculty members of Vinayaka Mission University and submitted false declaration forms, fabricated and forged experience certificate, appointment orders, attendance registers etc., and counter signed the MCI declaration forms vouching the correctness of the details furnished therein.