JUDGEMENT

This petition, under section 482 of the Cr.P.C., is filed seeking quashment of charge-sheet filed by the CBI in FIR No. RC2172015S0009 registered at CBI Bhopal against the petitioner, as well as, annulment of order dated 7/1/2021 passed by IV Additional Sessions Judge, Gwalior designated as Special Judge (CBI) in Special Sessions Trial No. 1/2021, whereby cognizance has been taken against the petitioner for the offences punishable under sections 120B read with 201, 204, 408, 419, 420, 468, 471, 477A of the IPC, Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act and section 4/3-

D(1)(2) of the Madhya Pradesh Pareeksha Adhiniyam.

2. Relevant facts leading to filing of this case may be summarized thus:

(i)A written complaint was received at Police Station Jhansi Road, Gwalior made by one Ashish Kumar Chaturvedi with regard to alleged irregularities being committed in the Pre Medical Test Examination 2011 and its counselling sessions, mentioning therein that he had been instrumental in unearthing this scam since long and in the process had met a medical student of 2010 batch of G.R. Medical College, Gwalior namely Jai Pakash Baghel at PMT 2011 counselling session, who had come to get his, as well as that of some of his friends' candidature cancelled. Medical Student J.P.Baghel informed the complainant that he had been asked by his old friend Savendra Jadon to re-appear in PMT 2011 examination and get his candidature cancelled (3) after getting a seat allotted in Private Medical College through counselling, as it would result in blocking of the said seat which would ultimately get transferred to payment quota thus benefitting the private Institution, and in lieu whereof he and Sabendra Jadon would receive substantial consideration from the concerned Private College. In pursuance of said set-up for participating in the counselling, J.P.Baghel obtained his original documents through Parmanand Wadhwa,Clerk at G.R.Medical College on payment of illegal gratification of Rs.35,000/- and thereafter got a seat allotted at Chirayu Medical College, Bhopal and subsequently got the same cancelled on receiving a sum of Rs.1,25,000/- from Chirayu Medical College, while an equal amount was also received by Savendra Jadon. It is further alleged therein that information as to complicity of students in such scam was well within the knowledge of clerks of Medical Colleges including G.R.Medical College and the entire conspiracy was hatched in collusion with Private Medical Colleges. On receiving such complaint, offence was registered as Crime No.271/2014 on 7/7/2014 at Police Station Jhansi Road, Gwalior.

(ii)However, the investigation of the said case was transferred by STF to CBI in pursuance of order dated 9/7/2015 passed by Hon'ble Supreme Court in W.P. (Civil) No. 417/2015 (Digvijay Singh and Others Vs. State of M.P.) and connected matters, treating it to be a Vyapam Scam Case. Pursuant to transfer of the aforesaid FIR of P.S.

Jhansi Road, Gwalior, CBI registered FIR No. RC2172015S0009. After investigation supplementary charge-sheet was filed by the CBI before the learned Court below on 17/01/2021 (iii)On 7/1/2021, the learned trial Court passed the impugned order (4) accepting the charge-sheet and taking cognizance against the petitioner and other accused persons. Hence, this petition.

3. Assailing the legality, validity and propriety of the impugned order, learned Senior Counsel made the following submissions:--

(a)Allegations as levelled in the FIR, if taken in their entirety, relate to alleged irregularity being committed by Private Medical Colleges in granting admissions. The petitioner had no role to play, nor was remotely connected with granting admissions in Chirayu Medical College. In this regard, learned Senior Counsel referred to Rule 10 of the Madhya Pradesh Medica