VINAY RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THE Petitioners herein are the Office Bearers of the Eastern Institute for Integrated Learning in Management (EIILM) University. They are the three accused persons among the twelve in General Register Case No. 119/2013, u/Ss. 406, 420, 467, 120B/34 IPC, pending in the Court of the Chief Judicial Magistrate (South & West), Namchi, which arises out of FIR No. 51/2012 of Jorethang Police Station of District South Sikkim. The Petitioners have prayed for quashing of the proceedings of the said criminal case, FIR No. 51/2012 and the entire charge -sheet filed against them.

(2.) THE facts, briefly stated, are as under: -

(3.) ON the other hand, Mr. J.B. Pradhan, learned Additional Advocate General, appearing on behalf of the State, has opposed these arguments and submitted that the evidence collected by the prosecution would show that the Petitioners were deeply involved in cheating lakhs of students by issuing unauthorized degrees/diplomas and certificates by realizing huge amount by misrepresentation and fraud. He relied on paragraph 27 of the judgment in Amit Kapoor vs. Ramesh Chander & Anr. : : (2012) 9 SCC 460.