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. 46/2019 titled as „CBI vs Dr. Anbumani Ramadoss & Ors.‟ arising out of RC-AC-2/2010(A)-003 registered for offences punishable under Sections 120B/420/465/468/471 of Indian Penal Code, 1860 (‘IPC’) and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 (‘PC Act’).

2. Brief facts of the case are that the present RC was registered by CBI on 12.06.2020, against the office bearers of Index Medical College, Hospital and Research Center, Indore, accused Dr. J.S. Dhupia (the then Consultant Professor & Head of Department, Pathology, Safdarjung Hospital), and accused Dr. D. K. Gupta (the then HoD, Hematology, Safdarjung Hospital), officers of Ministry of Health & Family Welfare, Government of India, New Delhi and other unknown persons. It was alleged in the FIR that unknown office bearers of Index Medical College Hospital & Research Centre, Indore, Dr. D. K. Gupta, Dr. J. S. Dhupia, unknown officers of Ministry of Health and Family Welfare and other unknown persons had entered into a criminal conspiracy, in pursuance of which undue pecuniary advantage gained by the Index Medical College Hospital and Research Centre, Indore owned by Dr. Suresh Singh Bhadoria in the form of grant of permission for admission of second batch of MBBS students for academic year 2008-09, ignoring the recommendation of Medical Council of India (MCI) to not to grant permission due to the deficiencies observed by MCI inspectors.

3. After conclusion of investigation, chargesheet was filed on 27.04.2012 against Dr. Ambumani Ramadoss (the then Union Minister for Health and Family Welfare), Dr. K.V.S. Rao (the then Director, Cabinet Secretariat), Sh. Sudershan Kumar (the then Section Officer, Ministry of Health and Family Welfare), Dr. J.S. Dhupia, (the then Consultant Professor & Head of Department, Pathology, Safdarjung Hospital), Dr. Dipendra Kumar Gupta (the then HoD Hematology, Safdarjung Hospital), Dr. Suresh Singh Bhadoria (private person, Chairman Index Medical College Hospital and Research Centre, Indore), Dr. S.K. Tongia (private person, Ex Dean, Index Medical College Hospital and Research Centre, Indore), Dr. K. K. Saxena (private person, Medical Superintendent, Index Medical College Hospital and Research Centre, Indore), Sh. Nitin Gothwal (private person) and Dr. Pawan Bhambani (private person). Charges were framed against accused no. 1, 2, 6, 9, and 10 vide order dated 07.10.2015 by the learned Special Judge, however, accused no.

3, 4, 5, 7 and 8 were discharged.

4. The order on charge dated 07.10.2015 was challenged by the accused no. 1, 2, 6, 9, and 10, as well as by the CBI against other five accused persons who had been discharged, and this Court, vide order dated 29.07.2019, had set aside the order on charge dated 07.10.2015 passed by the learned Special Judge, and had directed the learned Special Judge to hear the parties on merits afresh after duly supplying the copy of videography, of inspection carried out by MCI on 20.10.2008 which was subsequently seized by CBI, to all the accused persons. Thereafter, the Hon‟ble Apex Court vide judgment/order dated 27.07.2022 had disposed off all the connected SLPs in relation to the present matter and had set-aside the order dated 29.07.2019 passed by this Court and remitted back all the matters to this Court for considering the matter afresh on merits and deciding it in accordance with law.

5. The challenge in this petition is, to the order dated 25.04.2022 passed by the learned Trial Court, wherein it was observed as under:

“...An application seeking exemption from personal appearance of A-1 has also been moved in this case as well as in connected case bearing CC No. CBI/48/2019 titled as