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2014 Supreme(Mad) 2295

High Court of Judicature at Madras
ARUNA JAGADEESAN. J.
Dr. MCR. Vyas & Others
Versus
The Inspector of Police, CBI Anti Corruption Branch
Crl. OP. Nos. 12751, 12754 to 1260 of 2014
Decided On : 06-08-2014

Advocates Appeared:
For the Petitioner:R. Thiyagarajan, R. Karthikeyan, Abudukumar Rajarathinam, Venkatesh Mahadevan, Advocates.
For the Respondent: N. Chandrasekaran, SPL PP.

Judgment :

1. Crl.OP.12751/2014 is filed by Dr.MCR.Vyas, the then Whole Time Inspector of Medical Council of India, New Delhi (for the academic years 2008-2009 and 2009-2010) who is arrayed as A6 in Special CC.No.2/2012 on the file of the learned Special Judge, Pondicherry,

2. Crl.OP.12754/2014 is filed by M/s.Sri Lakshmi Ammal Educational Trust, represented by its Managing Trustee, Sundeep Anand, who is arrayed as A1.

3. Crl.OP.12755/2014 is filed by G.Vairakumar, Employee of the above said Institution, who is arrayed as A5.

4. Crl.OP.12756/2014 is filed by the then Dean, M/s.Sri Lakshmi Narayana Institute of Medical Sciences, Pondicherry from July 2005 to 31.12.2007, who is arrayed as A7.

5. Crl.OP.12757/2014 is filed by Dr.A.Vaithialingam @ Vaithu, Deputy Medical Superintendent, M/s.Sri Lakshmi Narayana Institute of Medical Sciences, Pondicherry, who is arrayed as A3.

6. Crl.OP.12758/2014 is filed by Dr.Arunachala Damodara Edukondalu @ Elumalai, Deputy Medical Superintendent of the above said Institution, who is arrayed as A4.

7. Crl.OP.12759/2014 is filed by Dr.Somasekhar I.Tulanur, Dean of M/s.Sri Lakshmi Narayana Institute of Medical Sciences, Pondicherry, who is arrayed as A2.

8. Crl.OP.12760/2014 is filed by Dr.S.B.Agrawal, the then Whole Time Inspector, Medical Council of India, New Delhi (for the academic year 2010-2011), who is arrayed as A8.

9. The Prosecution case is that all the accused conspired together and cheated the Medical Council of India and Ministry of Health and Family Welfare and obtained renewal permission for the College for the admission of 3rd, 4th and 5th batch MBBS students, for the academic years 2008-2009, 2009-2010 and 2010-2011. It is alleged that declaration forms, appointment orders and joining orders of the Faculties/Doctors were forged and fabricated without the knowledge of the Faculties/Doctors for obtaining renewal permission. It is further alleged that A2 and A7, the Dean of the College attested the same as genuine and A6 and A8, who are the Inspectors of the Medical Council of India, under conspiracy failed to point out the discrepancies in the declaration forms and shortage in the teaching faculties. It is alleged that A5, who is the General Manager of the College, fabricated Form 16 and failed to remit professional tax to the local body of Pondicherry for the Staff of the Medical College from the Inspector of Medical College.

10. Originally, the case was registered on source information and one Dr.Ketan Desai, the then President of Medical Council of India, had figured as the first accused in the First Information Report and the Respondent/CBI while filing the charge sheet had deleted the name of the said Dr.Ketan Desai and that of the other Doctors of Medical College Institution who had accompanied the Inspectors, A6 and A8 for inspecting the Institution for renewal of permission, on the ground that Dr.Ketan Desai has no role to play, since forwarding the proposal for renewal of a College is based on the collective decision of the Executive Committee of the Medical Council of India based on the reports submitted by the MCI Inspectors. The Respondent/CBI had also stated that the other MCI Doctors, who had accompanied A6 and A8, had no role to play and do not have much say in the inspection and had further stated that the Respondent/CBI had recommended for regular departmental action against those MCI Doctors. The CBI has filed the charge sheet as against the Petitioners.

11. The Petitioners in the Criminal Original Petitions were charge sheeted for the offences under Section 120B read with 420, 468 read with 471 of IPC and under Section 13(2) read with 13(1) (d) of the Prevention of Corruption Act, 1988 before the learned Special Judge, Pondicherry and the same had been taken on file in Special CC.No.2/2012.

12. The Petitioners/A1 to A8 thereupon filed petitions as referred to above under Section 482 of Cr.PC for quashing the criminal proceedings in Special CC.No.2/2012 on the


































































































































































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