JUDGMENT :

S.K. Sahoo, J.

The petitioner Kamurul Haque has filed this application under section 482 of the Cr.P.C. challenging the order dated 05.09.2003 of the learned S.D.J.M., Bhubaneswar passed in G.R. Case No. 3433 of 2002 in taking cognizance of offence under section 420 read with section 34 of the Indian Penal Code and issuance of process against him. The said case arises out of Mancheswar P.S. Case No.182 of 2002.

2. On 25.10.2002 one Smt. Aswini Pattnaik, Inspector of Police, CID, CB, Orissa, Cuttack lodged the First Information Report before the Inspector in charge, Mancheswar Police Station stating therein that accused Raj Kishore Nayak, President, Managing Body, Orissa Medical College of Alternative Medicines, (hereafter for short “OMCAM”) along with the petitioner who was the Principal of OMCAM were managing the educational institution in the name and style as OMCAM, Hospital and Research Centre, Bhubaneswar, At/PO-Naharkanta in the district of Khurda which was registered under Societies Registration Act. Both the accused represented that their institution was registered by Govt. of Orissa and any student after completion of four and half years course can open his own clinic which according to the informant was found to be a clear case of fraud and misrepresentation of facts. As the study and practice of medical science relates to human life and safety, there was clear instruction to private medical colleges to obtain approval from Medical Council of India and Government before admission. The courses of study of alternative medicines have not been approved by Director, Medical Education and Training, Orissa or Medical Council of India and it was detected during inquiry that there was no hospital of the institution and even after lapse of five years, OMCAM did not succeed in getting either approval of Government or of the Medical Council of India.

According to the further prosecution case as per the F.I.R. that such fraudulent misrepresentation of facts were intended to induce the students to deposit money as admission, development, tuition and examination fees for the four and half years course to become a doctor of alternative medicine. The two accused persons not only got the contribution of its forty students but also tried to get aid of rupees five crores from Rajiv Gandhi Foundation through deceitful means.

On receipt of such First Information Report, the Inspector in charge of Mancheswar Police Station registered Mancheswar P.S. Case No.182 of 2002 under sections 420/34 of the Indian Penal Code on 25.10.2002 and directed S.I. R.N. Nayak to take up investigation of the case. During course of investigation, the Investigating Officer examined the informant and visited the spot. By virtue of office order No.302/CID dated 22.11.2002 of Addl. D.G. of Police, CID, CB, Orissa, Cuttack, investigation of the case was taken over by Inspector Gagan Chandra Das of CID, CB. It was found out during investigation of the case that the OMCAM was neither recognized by Govt. of India nor the State Govt. and the same was not even affiliated to any University of India and as such OMCAM had no right to award degree to the students as per section 3 of the Indian Medical Degrees Act, 1916 and section 22 of the University Grants Commission Act, 1956. The students passing from the institution cannot practise as a medical practitioner as per section 17(2) of the Indian Medicine Central Council Act, 1970. It was further found out during investigation that the accused persons as college authorities printed on the cover page of the prospectus as “Registered by I.G.R., Government of Orissa vide Registration No.20456/98-1999”, which was misleading and meant to deceive the students and public in general. The College authorities also cheated the students by false representation of fact in the prospectus that after getting degrees and passing from the institution, they can open clinics and practise. The accused persons also induced the students to