MONICA KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Both the applications are taken together as the common question of facts and law are involved. Criminal Misc. Application No. 7792 of 2006 under Section 482 of the Code of Criminal Procedure hereinafter referred to as the Code has been brought for quashing the charge sheet submitted by the police station Vijay Nagar district Ghaziabad in case crime No. 412 of 2005 under Sections 452, 323, 504, 506, 427 I.P.C. against the accused applicants and also for entrusting further investigation to C.B.I. In the meantime arrest of the accused applicants is sought to be stayed, Another Criminal Misc. Application No. 7791 of 2006 has been brought for quashing the charge sheet submitted by the police in case crime No. 21 of 2006 under Sections 452, 323, 336, 504, 506, 420 I.P.C. police station Vijai Nagar, Ghaziabad.

(2.) In both the cases it is asserted that Dr. Narendra Kumar, father of the applicants after acquiring high degrees in the field of medicine joined as Professor/ Medical Director of Neonatal Intensive Care Unit (NICU) and was also doing medical practice at 2917 Middleboro Place, Modesto, California. Both the applicants were born at California and acquired their higher secondary qualification from U.S.A. in Science subjects. Applicants had chosen medical education with the consent of their parents and got admission in MBBS course for the Academic Session 1996-97 in Santosh Medical College & Hospital, Ghaziabad in short the College' against N.R.I. quota. They had to make total payment of one lac U.S. dollar Rs. 50 lacs towards capitation fees. In addition the college also took loan of Rs. 25 lacs from the father of the applicants and its payment was assured by giving a hand written slip. The college also charged hostel and security fees from both the applicants. The dispute and differences had started between the father of the applicants and Dr. P. Mahalingam, Chairman Managing Director /Trustee of Maharaji Education Trust and Santosh Medical College and Hospital, when he was asked to refund the loan amount. The matter was also reported to the District Administration. Dr. P. Mahalingam also acknowledged the said loan amount in writing through the slip dated 19-4-2001 given to the Addl. District Magistrate, Ghaziabad and also assured to refund that amount, He gave five cheques each of Rs. 5 lacs against loan amount and two Demand Drafts each of Rs. 2.50 lacs for the accrued interest. One cheque for the amount of Rs. 5 lacs was dishonored by the bank on 18-10-2003. The father of the applicants had no option but to bring a complaint case No. 7272 of 2003 under Section 138 of the Negotiable Instruments Act on 16-12-2003 against Dr. P. Mahalingam. The Court had also taken cognizance and issued summons against him. From the day one when the demand of the money was made, Dr. P. Mahalingam without any lawful excuse started harassing Dr. Monica Kumar and she was maliciously declared failed in the theory paper of pharmacology held in March, 2000. She was also not permitted to appear in the supplementary examination conducted in the month of August and November, 2000. Dr. P. Mahalingam and Dr. M.K. Srivastava, Principal of that college refused to get her appear in Pharmacology examination and final professional M.B.B.S. Part-I examination of March, 2001, even order of Vice Chancellor, Chaudhari Charan Singh University in that regard was defied. Resultantly she had to bring Civil Misc. Writ Petition No. 9150 of 2001 wherein this Court summoned the answer book of pharmacology examination of March, 2000 along with the Tabulation chart and Marks sheet of final professional M.B.B.S. part-I examination. That was entrusted to the Head of Department, M.L.N. Medical College, Allahabad for evaluation. Dr. Monica Kumar got good marks and was declared successful. This court also directed the college authorities to declare the result of second professional M.B.B.S. and final professional M.B.B.S. examination Part-II examination commencing from 6-3-2002. Result of the applicant No. 1 was also withheld by the college authorities and so Contempt Petition No. 887 of 2002 was brought. Dr. P. Mahalingam and Dr. M.K. Srivastava, Principal of the College after receiving show cause notice in that Contempt Petition declared the result and Dr. Monica Kumar was shown unsuccessful in surgery practical examination conducted in March, 2002. Again she had to bring Civil Misc. Writ Petition No. 14176 of 2002. This Court called for the Tabulation Chart of Surgery practical of all the students along with the applicant No. 1 and Agra Medical College was asked to take practical examination in surgery and on their evaluation she was declared successful. This annoyed Dr. P. Mahalingam and he started harassing the applicants on one or the other grounds.

(3.) It is further alleged that as many as 7 frivolous reports were got lodged by Dr. P. Mahalingam from his subordinates yes-men in collusion with Sri Anil Somaniya, S.H.O, police station Vijay Nagar, Ghaziabad. Police also rushed up for filing charge sheet against the applicants without making fair and effective investigation. This was all got done with the intention to harass the applicants. Even in case crime No. 21 of 2006 under Sections 452, 323, 336, 504, 506, 420 I.P.C. registered at the police station Vijay Nagar all possible efforts were made so as to get the offence under Section 308 I.P.C, added though not substantiated from the medical reports. This was all with the purpose to see detention of Dr. Manish Kumar in judicial custody for a long period. As a consequence of which he was detained in judicial custody for 18 days till he was admitted on bail. It is also said that the police personnel and all high-ups either in administration or in political circle are obliged from Dr. P. Mahalingam and the police proceeded to file charge sheets on fake, and fabricated grounds. It is said that the applicants approached the Human Rights Commission, China who had also sent communications to the various authorities for redressal of the grievances of the applicants. More so on the representation made by the applicants U.S.A. Government have also taken up the cause of the applicants who are U.S. Citizens with the Government of India.