ROHIT DHAWAN Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 561-A, Cr. P.C. (for short code hereafter) for quashing FIR No. 11/2004 dated 6-4-2004 and investigation made thereupon, registered by Police Station, Crime Branch, Jammu, under Section 5(2), Prevention of Corruption Act, 2006, read with Sections 420, 120-B, RPC, with further direction to the respondent to consolidate the trial in one Court before learned Chief Judicial Magistrate, Srinagar where the charge-sheet has already been presented in FIR No. 36/2003, which pertains to the same subject-matter.

(2.) Objections have been filed by the State.

(3.) Relevant facts for disposal of this petition are that question papers for MBBS/ MD/MS tests, which was held in May, 2003, were printed from M/s. Art Vishal Printers, New Delhi from where one Romesh Hashija employee of M/s. Vishal Printers, arranged a question paper and made the same available to aspiring candidates with the help of his brother Rohit Dhawan, for consideration. Rohit Dhawan contacted one Sanjay Sharma, who was working at Ludhiana. Said Sanjay Sharma has received an amount of Rs. 10 lacs from the aspiring candidates, out of which he paid Rs. 5.5 Lacs to Rohit Dhawan. FIR No. 36/2003 was registered on 6-12-2003 by Vigilance Organization Kashmir, and during investigation it was found that question papers of Post Graduate Medical Entrance Examination which was conducted by BOPEE on 7-12-2003 were also being provided for consideration of lacs of rupees to the aspiring candidates at Gogji Bagh, Srinagar. Police laid a trap and one Shahnaz Mir was arrested from whom a bank draft of Rs. 2.50 Lacs was also recovered. During investigation said Shahnaz Mir exposed the scam to Vigilance Organization. In FIR No. 36/2003 challan was presented before the learned Chief Judicial Magistrate, Srinagar. The petitioner is seeking quashing of FIR No. 11 /2004 on the following grounds :-