SUNIL KAPOOR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner has filed this petition against registration of FIR against him vide Crime No.35/2015 for commission of offences punishable under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code and Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988.

(2.) At the relevant time, the petitioner was the Vice President of R.K.D.F. Education Society registered under the provisions of Societies Registration Act. The society runs various educational institutions. One of the institution is R.K.D.F Institute of Science and Technology, Mandideep, Bhopal. It was established in the year 1996. The allegation against the society is that it had illegally admitted 10 students in Engineering Course and two students in other courses. The institute had sent a list of 21 students to Rajiv Gandhi Proudyogiki Vishwavidyalaya (hereinafter referred as 'R.G.P.V.') in place of 11 students. The letter written by R.G.P.V. was forged because names of 10 students were added illegally. Government had taken a decision to impose a fine of Rs.24 lakhs i.e. Rs. 2 lakhs per student, but, the petitioner with the connivance of the then Chief Minister and other Minister got the fine reduced to Rs.5 lakhs. Hence, a substantial loss was caused to the Government.

(3.) One Mr. Radhavallabh Sharda filed a complaint before S.P. Police, E.O.W. on 19.03.2015, making allegations that with the connivance of the Minister, the institute received benefit and a monetary loss was caused to the Government of Rs.21,50,000/- (twenty one lakhs fifty thousands). He also filed a complaint before the Chief Judicial Magistrate, Bhopal on 19.03.2015. The Chief Judicial Magistrate forwarded the complaint to the police and thereafter, on 03.12.2015 a criminal case vide Crime No.35/2015 has been registered against the petitioner and other persons for commission of offences punishable under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code and Section 13(1)(d) and 13(2) of the Prevention of Corruption Act.