BHAGABAN SHADANGI Vs. STATE OF ORISSA

JUDGEMENT

(1.) All the above mentioned three Criminal Misc. Cases filed under Section 482 Cr.P.C. relate to Kharavela Nagar P.S. Case No. 126 of 2011 corresponding to G.R. Case No. 1838 of 2011 pending before the learned S.D.J.M., Bhubaneswar. The petitioners in Criminal Misc. Case Nos. 2004 and 2204 of 2011 are the Directors and Employees of the Company registered in the name and style of "i Books College Pvt. Ltd." and petitioners in Criminal Misc. Case No. 2703 of 2001 are ex-Directors of the said Company - "i Books College Pvt. Ltd.".

(2.) It was contended on behalf of the petitioners that there is absolutely no case made out for the offences for which the FIR has been registered. As a matter of fact, no cognizable offence is made out and, therefore, the same could not have been registered as an FIR by the police. It was further contended that the "i Books College Pvt. Ltd." never represented that it is an affiliated institution of NIOS (National Institute of Open Schooling), an autonomous organization under the Ministry of Human Resources Development, Government of India. The petitioners have annexed documents showing that "i Books College Pvt. Ltd." is a Company registered under the Companies Act and undertakes coaching/tutorial to students for preparing them for entrance examinations to the Engineering and Medical Branch as well as for +2 courses. The Prospectus of "i Books College Pvt. Ltd.", which has been annexed to one of the Criminal Misc. Case Petitions, shows that the said "i Books College Pvt. Ltd." has chosen NIOS and the Integra Course to each Ward of the informants, who took admission under the "i Books College Pvt. Ltd.". The said course has a single window solution, where the parents are required just to get their children/wards admitted in i Books College and forget the rest. It is undertaken in the Prospectus that i Books College shall facilitate admission to Xll-Science of NIOS. Subsequently, i Books shall (a) coach the student for XII-Science/+2 Science and get the student cleared of same, (b) prepare for IIT/JEE/AIEEE/AIPMT/OJEE and other Entrance Examinations for Engineering or Medical Colleges in the second year.

(3.) I, therefore, from the above materials, do not find that if the statements made in the FIR are accepted to be true, it does not make out a case for taking cognizance of the offences. Since the matter is under investigation, at this stage, I am of not inclined to quash the FIR. However, in the event, any charge sheet is filed against any of the petitioners and cognizance thereon is taken, it would be open for any of the petitioners to challenge such order of cognizance, in which event, the Court hearing such application/applications, shall not be influenced by any of the observations made in this order.