NANDLAL GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The applicant has invoked inherent jurisdiction of this court under Sec. 482 of the Code of Criminal Procedure, 1973 for quashment of the Final Report/ Charge Sheet No. 38/2018 dated 27-10-2018 filed by Central Bureau of Investigation in the court of Special Judge for Vyapam Cases at Jabalpur(MP) in Case No. RC217-2015(S)/0098.

(2.) The facts adumbrated in nutshell are that the applicant is a Medical Practitioner,who has completed MBBS from GSVM Medical College, Kanpur (UP) and is presently practicing and residing at Chalchitra Road, Tehsil Fatehpur, District Barabanki(UP). The case was initially registered by Garha Police Station, Jabalpur(MP) on 16-11-2013 under FIR. No.898/2013, based on a written complaint given by the then Dean , Netaji Subhash Chandra Bose (NSCB) Medical College, Jabalpur, alleging fraud committed by some of the students, who obtained admission in MBBS Course in Netaji Subhash Chandra Bose Medical College, Jabalpur by deceitful means. The case was initially registered against 26 persons under Sections 419 & 420 of Penal Code and Sections 3 and 4 of Madhya Pradesh Recognized Examination Act, 1937. Subsequently, vide letter dated 04-12-2013, the then Dean, NSCB Medical College, Jabalpur gave one more complaint to the Garha Police Station, alleging fraud committed by three more candidates. During the course of investigation, names of 31 more persons who are allegedly middlemen/impersonators were added as the accused by the Police/District Crime Branch. In this case, the local Police has filed one charge sheet on 18-08-2015 against one accused person namely Abhishek Sachan before the Ld. CJM Court, Jabalpur.

(3.) In compliance to the orders dated 09-07-2015 of Honourable Supreme Court of India Writ Petition(Civil) No.417/2015 titled " Digvijay Singh & others Vs. State of Madhya Pradesh & others", and also in Writ Petition (Civil) No.372/2015, this case was taken over by CBI from SIT/DCB, Jabalpur on 18-08-2015 and was registered as RC 21720150098 U/s 120-B r/w 417, 419, 420, 467, 468, 471 Penal Code and U/s 3 & 4 of the Madhya Pradesh Recognized Examinations Act, 1937 against 60 accused persons.