VED RAM SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. G.S. Chaturvedi, the learned senior counsel assisted by Mr. Uma Nath Pandey for the revisionist and Mr. Anurag Khanna for the Respondent No. 2 and the learned A.G.A. for the Respondent No. 1 and perused the record.

(2.) This is a revision against the order dated 7.9.2010 passed by the Special Judicial Magistrate (C.B.I.) Ghaziabad in criminal case No. 3101 of 2010, C.B.I, v. Ved Ram Sharma, whereby the learned Magistrate took cognizance of the offence under Section 420, I.P.C. on the charge-sheet filed by the C.B.I. and issued a process against the revisionist.

(3.) It appears that the revisionist is the Chairman of Akash Educational Society (in short 'the society') registered under the Societies Registration Act, 1860. It is also alleged that the society intended to establish R.V. Northland Institute of Technology, Gautam Budh Nagar and applied for approval of the All India Council for Technical Education (in short 'the A.I.C.T.E.'). It is also alleged that the A.I.C.T.E. required the society to furnish an undertaking that the land and building owned by the society was not mortgaged nor they were under any lien or charge or any other kind of encumbrance and shall also not be subjected to such charge in future. Accordingly the revisionist furnished a written undertaking to that effect, which was subsequently found false. According to the charge-sheet, the society had furnished the information that it was the owner of 8.8203 acre land, but on inquiry the society was found owner of only 3.7368 acre land and remaining 5.0838 acre land had been acquired by the State Government. The revisionist, knowing about the acquisition of the said land, furnished the aforesaid undertaking with the intent to defraud the A.I.C.T.E. and obtained the desired permission.