ORDER

1. This Criminal Revision under section 397/401 of the Code of Criminal Procedure, 1973 has been preferred against the order 5.1.2022, passed by the Special Judge (Lokayukta) -cum- 1st Addl. Sessions Judge, Jabalpur (M.P.) in Special Case No. 27/2021, whereby the charges have been framed against the applicant for commission of offences punishable under Sections 120-B, 420 in alternative 420 read with section 34, 409 in alternative 409 read with section 34, 467 in alternative 467 read with section 34, 468 in alternative 468 read with section 34 and 471 in alternative 471 read with section 34 of the Indian Penal Code has been framed against the present petitioner.

2. As per the prosecution case, on 3.10.2013 a complaint was filed by the Commissioner, Tribal Welfare Department (hereinafter referred to as the “Department” in short), Bhopal to the Lokayukta of Madhya Pradesh, consequently a preliminary Enquiry bearing No. 49/2014 was registered by the Special Police Establishment, Lokayukta Jabalpur. In the said complaint, it was alleged that various bogus admissions have been done in various para-medical colleges across the State of Madhya Pradesh. It was further alleged that on the basis of alleged bogus admissions a huge amount has been misappropriated on account of tuition fee and scholarship, which was supposed to be given to the students belonging to SC/ST/OBC category. With respect to the instant case, it is alleged that there was four bogus admission of a student namely Sandesh Kumar Singour done in Homeopathic Compounder Courses during the academic year, 2010-11 in Mahakaushal Institute of Paramedical College, Jabalpur (hereinafter referred as College) and an amount of Rs. 13,900/- (Rs.13,000/- for tuition fee and Rs.900/- for scholarship). It is allweged that the institute did not return back the aforesaid amount, inspite of the circular of Collector, Jabalpur.

3. It is the case of prosecution itself, that this student namely Sandesh Kumar Singour got admission in the institute but he did not pursue his studies further, therefore, he was not entitled for scholarship. After investigation, the FIR was registered against Smt. Chandrakanta Singh, the then Assistant Commissioner, Mr. Sant Sharan Singh, the then District Organizer, Smt. Kanti soni Gupta , the then Assistant Grade-III of the Tribal Welfare Department, Collector Office, Jabalpur alongwith Mr. G.P. Gautam, Head of the Institute, Mahakaushal Institute of Paramedical College, Jabalpur. However, it is utter surprise, after completion of investigation, the charge-sheet has been filed only against Mr. G.P. Gautam, Smt. Vandana Pandey and Mr. Virendra Pandey (present petitioner). All the government officials/accused have been exonerated by the respondent/Special Police Establishment (SPE).

4. Present petitioner namely Virendra Pandey was the president of Asudi Devi Shiksha Samiti, Jabalpur (Hereinafter referred to as the “Samiti” in short). As per the prosecution case, above named student got admission in the college and he has duly applied for scholarship and put his signature on it. His documents like migration certificate, transfer certificate, income certificate, domicile certificate, caste certificate, marksheets of classes -10th, 12th and Graduation was found genuine.

5. It is pertinent to mention here that, the above named student was duly applied for scholarship and filled the requisite form at the time of admission. All such documents after proper verification, were forwarded to the Department. After proper scrutiny by the Department, the said amount was sanctioned.

6. The total amount i.e. tuition fee alongwith scholarship are used to be deposited in the account of the college by the department. When the student fulfill the criteria of attendance thereafter, such students are entitled to get the scholarship amount. In this manner, initially the total number i.e. tuition fee and scholarship are sanctioned at the beginning of the course but the scholarship amoun