ANUPAM CHOUKSEY Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under section 482 of the Cr.P.C. has been preferred for quashment of the impugned order dated 4.12.2015 passed by 8th Additional District Judge, Bhopal, in Sessions Trial No.304/2015, whereby charges for the offence punishable under sections 420 and 120-B of the I.P.C. have been framed against the applicant.

(2.) As per the prosecution story, co-accused persons B.Kartik and Nagarjun Reddy, who were residents of Andhra Pradesh, gave assurance to complainant/informant Dr.Sarvapalli Jaichand and three of his friends, who were also residents of Andhra Pradesh, that they would get the admissions of their children done against the management quota in L.N.Medical College, Bhopal. Accordingly, they all came to Bhopal on 26.6.2013 and met co-accused Ranvir Anand, who came to L.N.Medical College and introduced them to accused Surendra Singh @ Ajay Singh as a P.A. of the applicant. On 29.6.2013 co-accused Nagarjun, Kartik, Ranvir Anand and Surendra @ Ajay Singh got the forms purchased for two students, viz. Manoj and Chelapalli from L.N.Medical College and deposited the same at the office of DMAT/APDMC on the same day and the students were issued hall tickets on the same day and they appeared in the Dental Medical Entrance Text (hereinafter referred to as 'the DMAT examination') on 30.6.2013 at the examination center NRI Institute, Raisen Road, Bhopal. On 1.7.2013 accused Ranvir Anand called the parents of the four students to the L.N. Medical College and took Rs.17 lacs from each of the student, totaling to Rs.68 Lacs. On the same day, accsued Ranvir Anand also issued receipts of tuition fees to all the four students on the letter head of L.N.Medical College and also issued a letter mentioning reservation of one seat each in favour of the students. Thereafter, on 2.7.2013 the parents and students returned to their native place. Thereafter, when they did not get any information from the accused persons, they came back to Bhopal on 3.9.2013 and met B.N.Singh, an Administrative Officer of L.N.Medical College, Bhopal. B.N.Singh informed them that the receipts of tuition fees and the letters with regard to reservation of seats are forged documents. Thereafter, they tried to contact with the aforesaid accused persons, but remained unsuccessful. Thereafter, on the advice of B.N.Singh, they informed the matter to the Police Station Kolar, Bhopal, where Crime No.385/2013 was registered against the accused persons for the offences under sections 420, 467, 468, 471 and 34 of the I.P.C.

(3.) During investigation Rs.19 Lacs were seized from the possession of the aforesaid accused persons Ranvir Anand and Surendra @ Ajay Singh. It was also revealed that the applicant was the Secretary of the Association of Private Dental and Medical Colleges conducting DMAT examination as well as a Director of the L.N.Medical College, Bhopal, and on the direction of the applicant forms for entrance examination conducted on 30.6.2013 were received by the Administrative Officer of the DMAT examination Vedraj Pehlajani on 29.6.2013, i.e. after the expiry of the last date for receiving the forms, i.e. 26.6.2013. The co-accused Surendra @ Ajay Singh and Ranvir Anand have also disclosed that they have shared Rs.20 Lacs with the applicant and the applicant is also involved in the aforesaid criminal conspiracy. Thereafter, after completion of investigation, charge-sheet was filed before the court of Judicial Magistrate. The eand thereafter the case was committed to the Court of Sessions, who thereafter passed the aforesaid order of framing of charges against the applicant.