RAJENDRA TIWARI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present revision has been filed under Section 397 read with Section 401 of the Code of Criminal Procedure [for short, "the CrPC"] challenging the order passed by the learned IX Additional Sessions Judge/Special Judge, CBI (Vyapam Case) Bhopal, dated 8-03-2021 in SC/9500003/2015 [CBI, bhopal vs. Pralekh Tiwari & others], whereby the Special Judge has framed charges against the applicant under sections 420 read with 120-B of the Indian Penal Code (IPC), 467 read with 120-B of the IPC, 468 read with 120-B of the IPC, 201 read with 120-B of the IPC and under Section 471 read with 120-B of the IPC; under Section 13(1) (d) read with 13(2) of the Prevention of Corruption Act, 1988 read with Section 120-B of the IPC; sections 65 and 66 of the Information and Technology Act, 2005 read section 120-B of the IPC; and under Section 3-D(1)(2)/4 of the M.P. Recognized Examination Act, 1937.

(2.) Shorn of unnecessary details : As alleged, the applicant has bribed Rajendra Shivhare, who was posted as Deputy Inspector General of Police at the relevant time and also other officials of the M.P. Professional Examination Board, Bhopal offering them Rs.15 lacs, in order to get his son - Pralekh Tiwari (co-accused) selected in the Subedar/Sub-Inspector/Platoon Commander Examination, 2012 conducted by the Professional Examination Board (Vyapam). The present applicant has been made as an accused alleging that he is a mediator in the said case. Initially the case was investigated by the Special Task Force (STF) and later it was transmitted to the CBI for further investigation.

(3.) During course of investigation it was allegedly found out by the prosecution that the applicant has abetted the officials of the Vyapam for getting his son selected in the said examination and for that purpose he offered them illegal gratification to the extent of Rs.15 lacs. It is the case of the prosecution that the present applicant was a part of the conspiracy to create forged answer sheets of his son - Pralekh Tiwari for getting him selected in the Subedar/Sub-Inspector/Platoon Commander Examination-2012.