MEENA RATHORE Vs. CBI

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C., seeking quashment of the FIR bearing No. RC082009A0019 registered by CBI and to quash the charge sheet bearing No. 4/2010 filed in the Court of Special Judge, CBI, Indore under Section 420, 177 and 181 of IPC against petitioner.

(2.) As per prosecution the CBI has received the information by reliable source that the recognition granted by the AICTE through its officer in favour of Vikrant Educational and Social Welfare Society, Gwalior to run an educational institute, is on concealment of the facts, however, such an act is amounting to cheating. Initially the offence was registered under Section 120-B, 420 of IPC and under Sections 13(2) read with Section 13(1) (d) of Prevention of Corruption Act, 1988 against Mr. S. Singal, Regional Officer, AICTE, Bhopal, Yashveer, Branch Manager, Oriental Bank of Commerce, Thadipur Branch, Gwalior, Mr. R.S. Rathore, CEO, Vikrant Educational and Social Welfare Society and Smt. Meena Rathoer, Chairperson of Vikrant Educational and Social Welfare Society.

(3.) On registration of the case investigation was entrusted to Ms. Reena Sharma, Inspector, CBI, Bhopal. On investigation it was found that the society holds 11.26 Acre of land of S. No. 77/2, 59/1, 59/2 at Village Ratwai Tehsil and District Gwalior, in the name of Vikrant Institution of Technology and Management. The present applicant has submitted an affidavit that the land upon which the college building constructed, is not mortgaged or shall not be mortgaged to any agency in future. In an another affidavit it has also been mentioned that the land and building is not mortgaged or under any lien or charge or any other kind of encumbrances and shall not be subjected to such in future also. In investigation juxta- pose the contents of such affidavit it was found that the land upon which the college building is constructed is already mortgaged with the Oriental Bank of Commerce, Thatipur Branch, Gwalior w.e.f. 11.11.2008 to a loan amount of Rs. 7.5 Crores. It is said that on submitting application and the said affidavit the AICTE has issued a letter of approval dated 12.6.2009 in respect of Vikrant Educational and Social Welfare Society. The fact remains that towards primary security the land situated at village Ratwai, Distt. Gwalior and hold in the name of Society upon which the college is constructed was mortgaged with the bank. However, investigating officer found that the offence punishable under Sections 177, 181 and 420 of IPC against Smt. Meena Rathore, Chairperson of Vikrant Educational and Social Welfare Society, Gwalior is made out. Accordingly the Challan has been filed against her before the CBI Court Indore. It is relevant to note here that Challan has not filed against Mr. S. Singal, Regional Officer, AICTE, Bhopal, Yashveer, Branch Manager, Oriental Bank of Commerce, Thadipur Branch, Gwalior, Mr. R.S. Rathore, CEO, Vikrant Educational and Social Welfare Society.