JUDGMENT

Arvind Singh Sangwan, J. - Prayer in this petition is for quashing of FIR No.RC 0512010S008 dated 7.9.2010 under Sections 120-B, 420, 467, 468 and 471 IPC, registered at Police Station CBI, Chandigarh.

1. It is worth noticing that vide order dated 15.9.2016, the proceedings before the trial Court were stayed. Thereafter, an application for extension of time was moved and it was directed to hear the main case.

2. Accordingly, the main case is taken up and heard in the urgent hearing.

3. Learned Senior counsel for the petitioners submits that an FIR was registered against 11 students, who were around the age of 18 years with the allegations that all of them have taken admission in Punjab Engineering College, Sector 12, Chandigarh under the Direct Admission of Students Abroad Scheme-2010 (DASA-2010) during the academic sessions 2010-11 posing themselves to be citizens of Nepal.

4. It is stated that the said scheme has come into force w.e.f. 2001-02 as per the Government of India's directions, which was primarily to streamline the admission of foreign nationals studying in India as well as Indian students studying abroad in Undergraduate Engineering Programmes in centrally funded engineering institutions, other than Indian Institutes of Technology and for all the foreign students, who were eligible and 15% of the total number of seats, were reserved.

5. Learned Senior counsel submits that as per the case of the prosecution, all the 11 students by submitting the Nepalese Citizenship Card have applied in the aforesaid category and were granted admissions which were centrally coordinated and conducted by NITK, Surathkal, Karnataka, which was to verify the copies of the required documents of the students. Learned Senior counsel has further referred to the report submitted under Section 173 Cr.P.C., wherein the prosecution has detailed the procedure of acquisition of Nepalese citizenship by descent; birth; naturalization; by honorary award and by acquisition of territory.

6. Learned Senior counsel has further referred to the investigation part qua petitioner No.2-Pavneet Singh, which is identical qua petitioners No.1 and 3 as well. The operative part of the report reads as under :-

'Pavneet Singh Investigation has revealed that Pavneet Singh is a bonafide citizen of India. He took admission in BE (Mechanical 1st year, PEC University of Technology, Chandigarh under DASA Scheme 2010-11 as Foreign National on the basis of fake and fictitious Nepalese Citizenship Certificate.

Investigation has revealed that Shri Amarjit Singh, father of accused Pavneet Singh received SMS regarding admission under nominated quota for MBBS, MBA, M.Tech. B.Tech in prestigious colleges, on his mobile phone from accused Mohinder Bajaj c/o Gera Labs, Hissar.

Shri Amarjeet Singh, contacted Dr. Mohinder Bajaj over phone, on which he told that he can manage admission for his son in any prestigious Engineering College like Delhi College of Engineering, Punjab Engineering College, NIT Jaipur, NIT Jalandhar, IIT Roorkie etc. on payment of advance Rs.2-3 lacs. Thereafter, in the first week of June, 2010, Pavneet Singh along with his mother and father went to the house of Dr. Mohinder Bajaj, who took them to Dr. Nishi Kant Arya. Accused Nishi Kant Arya demanded Rs.10 lacs for admission in any prestigious college, which was settled to Rs.9.5 lacs. Accused Pavneet Singh handed over his original educational certificates/documents to accused Dr. Nishi Kant Arya. Shri Amarjit Singh paid an advance amount of Rs.2 lacs to accused D