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2015 Supreme(Mad) 1220

R.MALA
A. Parthasarathy – Appellant
Versus
State represented by Inspector of Police – Respondent


Advocates:
Advocate Appeared
For the Petitioners:V. Gopinath, Senior Counsel for L. Ramalingam, Advocate.
For the Respondents: R1, Bhasuran, Special Public Prosecutor, R2 & R3, No Appearance.

Judgment

1. The present Criminal Revision has been preferred for setting aside the impugned order dated 14.08.2014 in Crl.M.P.No.425 of 2013 wherein the discharge application filed by A3 and A4 under Section 239 Cr.P.C came to be dismissed.

2. The learned counsel appearing for the petitioner would submit that on source information, the CBI has registered a case and after investigation has filed chargesheet against the petitioners herein (A3 and A4) along with A1 who is a professor in Pondicherry Engineering College and A2 who is an Assistant Professor in the said College, under Section 120B r/w 420, 468 r/w 471 IPC and under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988. The case of the prosecution is that A1 was nominated as Chairman of Evaluation Board of Pondicherry University during the year 2007-2008 and A2 was nominated as examiner to evaluate the answer scripts pertaining to the B.Tech examination conducted during November 2007. A3, the first petitioner herein is a IIIrd year B.E., (Mechanical) student of Pondicherry Engineering College is the beneficiary and A4 is the father of A3. The relevant portion of the charge is usefully extracted hereunder:

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