VIRENDRA PANDEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Revision under Sec. 397/401 of the Code of Criminal Procedure, 1973 has been preferred against the order dtd. 5/1/2022, passed by the Special Judge (Lokayukta) -cum- 1st Addl. Sessions Judge, Jabalpur (M.P.) in Special Case No. 26/2021, whereby the charges have been framed against the applicant for commission of offences punishable under Ss. 120-B, 420 in alternative 420 read with Sec. 34, 409 in alternative 409 read with Sec. 34, 467 in alternative 467 read with Sec. 34, 468 in alternative 468 read with Sec. 34 and 471 in alternative 471 read with Sec. 34 of the Indian Penal Code has been framed against the present petitioner.

(2.) As per the prosecution case, on 3/10/2013 a complaint was filed by the Commissioner, Tribal Welfare Department (hereinafter referred to as the'Department' in short), Bhopal to the Lokayukta of Madhya Pradesh, consequently a preliminary Enquiry bearing No. 49/2014 was registered by the Special Police Establishment, Lokayukta Jabalpur. In the said complaint, it was alleged that various bogus admissions have been done in various para-medical colleges across the State of Madhya Pradesh. It was further alleged that on the basis of alleged bogus admissions a huge amount has been misappropriated on account of tuition fee and scholarship, which was supposed to be given to the students belonging to SC/ST/OBC category. With respect to the instant case, it is alleged that there was four bogus admission of students namely Atul Kumar Patel, Dinesh Kewat, Mithilesh Bairagi and Ranjit Kumar Patel done in D.M.L.T. Course during the academic year, 2010-11 in Mahakaushal Institute of Paramedical College, Jabalpur (hereinafter referred as College) and an amount of Rs.84,600.00 was misappropriated. However, during the investigation, it reveals that an amount of Rs.56,700.00 has been misappropriated by the petitioner against three bogus admission of students namely Atul Kumar Patel, Dinesh Kewat and Mithilesh Bairagi.

(3.) It is the case of prosecution itself, that those students got admission in the institute but they did not pursue their studies further, therefore, they were not entitled for scholarship. After investigation, the FIR was registered against Smt. Amarlata Sonkar, the then Assistant Commissioner, Mr. Sant Sharan Singh, the then District Organizer, Mr. Gautam Sengupta, the then Assistant Grade-III of the Tribal Welfare Department, Collector Office, Jabalpur alongwith Mr. G.P. Gautam, Head of the Institute, Mahakaushal Institute of Paramedical College, Jabalpur. However, it is utter surprise, after completion of investigation, the chargesheet has been filed only against Mr. G.P. Gautam, Smt. Vandana Pandey and Mr. Virendra Pandey (present petitioner). All the government officials/accused have been exonerated by the respondent/Special Police Establishment (SPE).