The main legal point established in the judgment is the necessity to specify the names of co-conspirators and the objects of conspiracy in the charge of criminal conspiracy.

R. K. Gauba, J.

The petitioner is one of the several accused persons who stand summoned in the criminal case (CC No.12482/2018) registered on the basis of report ("charge sheet") under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.), submitted upon conclusion of investigation into first information report (FIR) No.605/2015 to Police Station Hauz Khas. The FIR was registered on the compliant of Honorary Secretary, Bar Council of Delhi alleging offences punishable under sections 420/467/468/471 and 120-B of the Indian Penal Code, 1860 (IPC) having been committed, certain individuals, statedly including the petitioner herein, having got themselves enrolled as Advocates with the Bar Council of Delhi on the basis of forged and fabricated educational testimonials.

2. The investigation carried out is stated to have brought out material confirming, inter alia, that the mark-sheets purportedly of the degree course of Bachelor of Science (B.Sc) of Awadh University besides provisional certificate No.3687 and mark-sheets of the degree course of Law (LL.B.) of Tilka Manjhi Bhagalpur University were submitted by the petitioner with his application for enrolment, it leading to enrolment vide No.D-134/2011, on such basis but the same were found to be forged and fabricated. It is pointed out by the petitioner that in the charge sheet reference was made to a disclosure by him about the role of one Madan Singh Chauhan as the person from whom the said forged documents were procured against payment of money. It is also, however, conceded that no discovery of any further evidence on the basis of such disclosure of the petitioner could be found against the said Madan Singh Chauhan and, consequently he has not been sent up for prosecution.

3. The Additional Chief Metropolitan Magistrate (ACMM) before whom the criminal case came up, after the presence of the accused persons had been secured, considered the question of charge. By a very detailed order dated 21st July, 2018, some of the persons sent up for prosecution were discharged, the ACMM finding no ground to proceed against them, charge, however, having been framed against some others, including the petitioner. It is noted that charges were framed pursuant to the said order dated 21.07.2018 by the ACMM on the same date, the charge of criminal conspiracy, in which regard the present petition has been filed, being the subject matter of third head, it reading thus:-

"Thirdly, you agreed to forge the mark-sheets of your graduation from Awadh University and mark-sheets and degrees of LL.B. from Tilka Manjhi University and the forging of these documents and getting yourself registered by cheating Bar Council of Delhi was done in pursuance of an agreement with other co-accused persons and you thereby committed an offence punishable under section 120-B IPC and within my cognizance."

4. The petitioner challenged the above formulation of the charge of criminal conspiracy before the court of sessions by invoking its revisional jurisdiction. The Criminal Revision Petition No.291/2018 was disposed of by the Additional Sessions Judge, again by a very detailed order passed on 12.10.2018, the conclusions about the deficiency in the formulation of the charge of criminal conspiracy being recorded (in para 90) as under:-

"90. In the opinion of this court, there is no irregularity in the charge framed by Ld. Trial Court with regard to conspiracy. It is already noticed above that it is not obligatory to state in the charge the names of the fellow conspirators. However, it is desirable. Further, the other sections of the Code may also be mentioned in the charge of conspiracy to indicate the objects of the conspiracy. To that extent, the Ld. Trial Court will partly modify the charge with regard to 120-B of IPC framed against each accused by specifying the name of other conspirators and specifying the name of other conspirators and specifying the objects of conspiracy therein i.e. conspiracy to commit va