Vipin Sanghi, J.

1. This Criminal Revision Petition has been preferred under Sections 397, 401 read with 482 of the Code of Criminal Procedure to seek the setting aside of the orders dated 10.05.1999 and 06.07.1999 passed by the Ld. MM in FIR No. RC 4(S) / 93-SIU-(II)-CBI, whereby he directed framing of charges against the Petitioner and the co-accused Shri Ashraf Jamal-the Petitioner in connected Crl. R.P. No. 399/2009, for substantive offences under Sections 420, 468 and 471 IPC and also for conspiracy under Sections 120B read with Sections 420, 468 and 471 IPC; and further framed the charges too.

2. Arguments had been heard and judgment reserved in this petition and Crl. Rev. Pet. No. 399/1999, initially on 21.05.2010. However, the judgment could not be pronounced within a reasonable period of time due to the heavy work load. Consequently , these cases were listed again and the counsels were heard again.

3. Case of the prosecution as disclosed in the charge sheet is that Sh Anupam Rajan appeared in the Civil Services (Preliminary) Examination, 1993 held on 13th June 1993, even though he, on the basis of the result of 1992 examination announced on 3.6.93, had been selected for appointment to the IAS, securing 52nd position in the merit list, in order to help his friend and co-accused Shri Ashraf Jamal, who also appeared in the said examination. According to the charge sheet, on scrutiny of the examination documents, the UPSC found a clear nexus between Sh Anuam Rajan (Roll No. 169758) and Sh. Ashraf Jamal (Roll No. 169757) to the extent that both swapped their answer sheets and Shri Anupam Rajan wrote the examination for Shri Ashrat Jamal in sociology paper, who ultimately passed the examination, whereas Shri Anupam Rajan did not even qualify. UPSC also found obliteration in Roll No. in the answer sheets of both of them.

4. According to the prosecution, during investigation it was ascertained that both Shri Anupam Rajan and Shri Ashraf Jamal belong to Daltonganj, Bihar and were friends of long standing. Both were studying in JNU as Boarders during 1993. Both of them were aspirants for Civil Services and appeared in C.S. examination conducted by the UPSC in 1992 as well as in 1993.

5. According to the prosecution, Shri Anupam Rajan sent an application form on 3.2.93 to UPSC duly filled in for appearing in CS (Preliminary) Examination, 1993 from Daltonganj, Bihar, offering Patna as the Centre for the examination. The application was received at UPSC on 8.2.93 and was allotted Roll No. 041998. Thereafter, Shri Anupam Rajan, while living in Satluj Hostel, JNU, New Delhi, again filled up the application, for the same examination. Both offered Sociology as optional subject and Delhi as Examination Centre. On 22.2.93, both Shri Rajan and Shri Jamal handed over their applications to their friend and co-boarder Shri Manoj Kumar, who was going to UPSC to deposit applications of many JNU boarders for CS(P) Exam, 1993. Shri Manoj Kumar deposited in UPSC the applications of many boarders including those of Shri Rajan and Shri Jamal. Shri Anupam Rajan and Shri Jamal were allotted consecutive Roll Nos. 169758 and 169757 respectively, and the same sub-centre, i.e. Govt. Girls Sr. Section School No. 1, Sarojini Nagar, New Delhi. On 13.6.93, both Shri Rajan and Shri Jamal appeared in the examination in Room No. 13 of the said School, occupying adjacent seats as they had been allotted consecutive roll numbers.

6. Shri Ashraf Jamal had also appeared in CS(P) Examination, 1992 but could not qualify. His optional subject was Sociology with compulsory subject as General Studies, although, Sociology was never his subject during academic career.

7. The Civil Services (P) Examination was slated on 13.6.1993 in sub-centre No. 082 at Govt. Girls Senior Secondary School No. 1, Sarojini Nagar, New Delhi where 15 rooms were earmarked, including Room No. 13 for conducting the said examination. In Room No. 13 of the Centre, the seating arrangement for 24 c