AJAY GOENKA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present petition under Sec. 482 Cr.P.C. has been filed for quashing of charge sheet in FIR No.RC2172015A0108 and criminal proceedings consequential thereto against the applicant pending as S.T. No.740/2014 before learned Special Judge ( VYAPAM cases), Bhopal.

(2.) It is contended by learned Senior Counsel for the applicant that the matter pertains to alleged irregularities in Pre Medical Test (for short 'PMT, 2012') held in June, 2013 conducted by M.P. Professional Examination Board, popularly known as VYAPAM. It is argued that acting on a tip off on 6/7/2013 certain students were apprehended by Indore Police belonging to different States other than Madhya Pradesh camping in some hotels in Indore on the eve of PMT Test, 2013 and FIR No.539/2013 was registered in Police Station Rajendra Nagar, Indore. During investigation by local police, it was revealed to prosecution that some students disclosed a similar fraud was committed by them during preceding years PMT examinations as well and then the STF, Bhopal registered FIR No.12/2013 against 11 accused persons including four officials of VYAPAM on 30/10/2013 and during the course of investigation; STF arrayed 575 more persons as accused.

(3.) Later on, the investigation was transferred from STF to CBI under the orders of the Hon'ble Supreme Court in W.P. (C) No.417/2015 dtd. 9/7/2015 (Digvijay Singh and others vs. State of M.P. and others). It is argued that thereafter the scope of investigation was wrongfully expanded by the CBI and the matter of VYAPAM scam, which was relating to the students wrongfully qualifying the competitive examination by allegedly resorting to appearance of impersonators in the examination as solvers and middleman for the said purpose, manipulation with the answer seats and results, etc. was extended wrongfully to the last date admissions taken Private Medical Colleges, which was having no connection with the VYAPAM scandal in the matter of conducting PMT Examination as it is not a matter connected with the conduct of examinations by VYAPAM.