KAMALKANT TIWARI Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 of the Cr.P.C. for quashment of FIR registered against the petitioner at Police Station STF, Bhopal and further proceedings pending against the petitioner vide Sessions Trial No. 877/2013 for the offence punishable under Section 420, 465, 467, 468, 471, 120 -B of the IPC and under Section 3(Gha), 1, 2/4 of the Madhya Pradesh Manyata Prapta Pariksha Adhiniyam. The case was listed for admission. Learned counsel for the petitioner contended that the petitioner is suffering from cancer, hence with the consent of counsel the case is heard finally.

(2.) Petitioner is a Chairman of Shri Sai Gramothan Samiti registered under the provisions of Societies Registrikaran Act, 1973. The society has been imparting professional education to the students. It is running dental college named as Mansarovar Dental College at Bhopal. The College is affiliated with Barkatullah University, Bhopal and is being governed in accordance with Rules and Regulations framed by the University.

(3.) Some students of the University made a complaint to the Dy. Superintendent of Police STF Bhopal M.P. Mr. D.S. Baghel that there were irregularities in the BDS examination conducted by Barkatullah University with the connivance of staff of the education department of the University, the students used to get passed in the examination by paying an amount of Rs. 20,000/ -. Students do not write answer sheets, some other persons sitting outside the examination Centre write answers in the answer -sheets and thereafter those answer -sheets were deposited with the examiners. Mr. Sajjan Singh Parmar, Devarat Nayak and Touhid were involved in the aforesaid activities and Sajjan Singh Parmar was the main person. On the basis of the aforesaid letter the police conducted the investigation and after investigation the police filed charge -sheet before the Judicial Magistrate, Bhopal against 44 persons including students, teachers and Assistant Professors.