CRL. M.C. 2357/2022

Page 1 of 16

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision: 20.12.2023

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CRL.M.C. 2357/2022 & CRL.M.A. 9961/2022

DR. ANBUMANI RAMADOSS

..... Petitioner

Through:

Mr. Mukul Gupta, Senior

Advocate with Mr. Sumit

Kumar

Mishra

and

Mr.

Parinay Gupta, Advocate

versus

CENTRAL BUREAU OF INVESTIGATION ..... Respondent

Through:

Mr. Prasanta Varma, SPP with

Mr.Pankaj Kumar and Ms.

Pragya Verma, Advocates for

CBI.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

SWARANA KANTA SHARMA, J.(ORAL)

1.

The instant petition under Section 482 of Code of Criminal

Procedure, 1973 (‘Cr.P.C.’) has been filed on behalf of petitioner,

assailing the order dated 25.04.2022 passed by learned Special Judge

(PC Act) (CBI)-09, Rouse Avenue Courts, New Delhi, in CC No.

CBI/48/2019 titled as „CBI vs Dr. Keshav Kumar Aggarwal & Ors.‟

arising out of RC-006/2010/A0014-SPE/ACB/Lucknowregistered for

offences punishable under Sections 120B/420/465/468/471 of Indian

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:23.12.2023

15:57:36

Signature Not Verified

CRL. M.C. 2357/2022

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Penal Code, 1860 (‘IPC’) and Section 13(2) read with Section

13(1)(d) of Prevention of Corruption Act, 1988 (‘PC Act’).

2.

The facts, leading to the registration of present RC by the CBI,

are that an information was received that some officials of Ministry

of Health & Family Welfare, Government of India, New Delhi had

entered into a criminal conspiracy with Sh. Keshav Kumar Agarwal

who was the Chairman of Rohilkhand Medical College, Bareilly,

Uttar Pradesh, and in pursuance of this conspiracy, the officials of

Ministry had granted renewal of permission for admission of 100

MBBS students in the medical college. It was discovered by the CBI

that vide letter dated 14.02.2006, the medical college had been

granted permission by Ministry of Health & Family Welfare,

Government of India for admission of its first batch of 100 MBBS

students, for the year 2006-07. Thereafter, the permission was

renewed for admission of its second batch on 17.08.2007, for the year

2007-08. However, in the year 2008-09, Medical Council of India

had inspected the said medical college and had found that the college

was not meeting the prescribed norms and had shortage of

infrastructure faculty. It was discovered that members of its faculty

were either not working there or were working at more than one

place, simultaneously. It was also discovered that certain members of

faculty had submitted false certificates of experience. The Medical

Council of India had given the college, another chance to rectify the

deficiencies, and an inspection was again conducted on 19.08.2008,

but the same deficiencies persisted. Consequently, on 04.09.2008, the

executive committee of Medical Council of India had communicated

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:23.12.2023

15:57:36

Signature Not Verified

CRL. M.C. 2357/2022

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to the Central Government to not renew the permission for admission

of third batch of students in the college and the same was

communicated to the college by the Government vide letter dated

12.09.2008. During this time, the said medical college had

approached the Hon‟ble Apex Court and during the course of

hearing, the college had acknowledged that there were deficiencies

but it had requested that the Government and the Medical Council of

India may consider renewal for a reduced intake of students. On

24.09.2008, the Medical Council of India had furnished its

recommendations on the said issue, informing the Government that

as per the inspections carried out by the Medical Council of India, the

available facilities of the medical college were not sufficient even for

a reduced number of MBBS admissions. However, the Ministry of

Health & Family Welfare, Government of India, New Delhi, had

issued an order on 26.09.2008 according renewal of permission for

admission o