The statutory provisions of the Indian Medical Council Act 1956 provide a complete code for dealing with irregularities in medical institutions and do not treat such misconduct as a criminal offense. The charge of conspiracy requires specific evidence of an agreement for illegal acts.

All the above criminal revisions are filed by the CBI to set aside the common order dated 17.4.2013 in Crl.MP.Nos.1042, 848, 1135 and 1136/2012 in CC.No.1028/2012 respectively, passed by the learned Additional Chief Metropolitan Magistrate, Egmore, Chennai whereby the Respondents/A1 to A10 were discharged from the charges laid against them.

2. In Crl.RC.No.942/2013, the Respondents are A1, A4, A6, A7 and A8. In Crl.RC.No.982/2013, the Respondents are A2 and A3. In Crl.RC. No. 983/2013, the Respondent is A5 and in Crl.RC.No.986/2013, the Respondents are A9 and A10.

3. A1, M/s. Melmaruvathur Adhi Parashakthi Institute of Medical Science and Research (herein after referred to as MAPIMS) is an entity under the Adhiparashakthi Charitable Medical Educational and Cultural Trust (herein after referred to as ACMEC Trust) established in the year 2007 represented by the Managing Director Dr.T.Ramesh (A6). The Trustees in March 2010, included G.B.Anbalagan (A2), G.B.Sethil Kumar (A3), Dr.T.Ramesh (A6), R.Karunanithi (A4), who is also the Secretary of the College, V.Lakshmi (A5) who was also working as the Vice President of the Trust which runs MAPIMS. Dr.Sashikant C.Patel (A7) was the Dean of MAPIMS and K.Ramabadran (A8) was working as the Administrative Officer, Melmaruvathur Adhi Parasakthi Dental College. Dr.Sridhar (A9) and Subramanyam (A10) were working as agents.

4. The brief facts, which are essential to dispose of these revisions, are given below:-

Adiparasakthi Charitable Medical Educational and Cultural trust (ACMEC Trust) was established by Sri Bangaru Adigalar in the year 1978. The establishment of the Medical College Regulations, 1999 was published in the Official Gazette. In April 2006, Melmaruvathur Adiparasakthi Institute of Medical Science made their application to the Government of India for establishment of a Medical College. In 2007, Melmaruvathur Adiparasakthi Institute of Medical Science was constituted under the ACMEC Trust. On 27.9.2007, the file pertaining to MAPIMS was forwarded to the Medical Council of India and on 11.4.2008 and 12.4.2008, Inspection was carried out by the Medical Council of India for the grant of Letter of Intent and Letter of Permission for establishment of the proposed MAPIMS. Certain deficiencies were pointed out and Compliance Verification Inspection was carried out by the Medical Council of India. At the Executive Committee meeting held on 12.5.2008, it was resolved to recommend to the Central Government to issue Letter of Intent and Letter of Permission. Accordingly, Letter of Intent was issued by the Ministry of Health and Family Welfare, Government of India, for the Medical College. Letter of Permission for establishment of a new College was issued by the Ministry of Health and Family Welfare, Government of India, for the Medical College on 4.7.2008.

5. During the first renewal Inspection, again certain deficiencies were identified during the Inspection by Medical Council of India on 30.3.2009 and 1.4.2009 and after compliance, the Compliance Verification Inspection was conducted by Medical Council of India on 30.4.2009. The Executive Committee considered the first renewal Inspection report and recommended to the Central Government by its letter dated 9.5.2009 to renew the permission. Accordingly, on 19.6.2009, first renewal permission was accorded to the Medical College for admission to 2nd batch medical students for the academic year 2009-2010.

6. On 16.2.2010 and 17.2.2010, a team of Inspectors from Medical Council of India conducted second renewal Inspection at MAPIMS and the team noted certain deficiencies numbering seven. The Executive Committee of the Medical Council of India under the Chairmanship of Dr.Ketan Desai decided not to renew the permission accorded to MAPIMS and accordingly, intimated the same to the Government of India. The said communication was also forwarded to the Medical College requesting the College to rectify the defects. Thereafter, it appea