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2025 Supreme(Online)(MP) 3460
HIGH COURT OF MADHYA PRADESH
Vivek Jain, J
Sonu Pachori – Appellant
Versus
Union Of India – Respondent
M.Cr.C. No. 14375/2025 | M.Cr.C. No. 14379/2025
For the Appellants/Petitioners: Not mentioned
For the Respondents: CBI
Insufficient evidence and vague allegations do not establish a prima facie case for criminal conspiracy in examination malpractices.
Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Prevention of Corruption Act, 1988 - Sections 13(2) and 13(1)(d) - Madhya Pradesh Recognized Examination Act, 1937 - Quashing of charge-sheet - Allegations of being a middleman in PMT examination malpractices - Insufficient evidence to establish proximity to crime; vague allegations of payment and association without financial transactions - No prima facie case against the accused. (Paras 6, 10, 24, 26, 34)
(B) Criminal Conspiracy - Definition and requirements - Mere association with accused or candidates does not establish complicity in crime; specific overt acts must be demonstrated. (Paras 22, 24)
Facts of the case:
The accused was implicated in two FIRs related to PMT examinations for 2012 and 2013, accused of being a middleman facilitating cheating. Allegations included facilitating application forms and introducing candidates to medical college officials without direct involvement in financial transactions or malpractices during examinations.
Findings of Court:
The court found no substantial evidence linking the accused to the charges, ruling that the case was based on conjecture and lacked concrete proof of criminal conspiracy or wrongdoing.
Issues: Whether the allegations against the accused constituted a prima facie case for prosecution and whether the proceedings should be quashed based on insufficient evidence.
Ratio Decidendi: The court ruled that mere association with candidates and vague allegations do not suffice for establishing a case of criminal conspiracy, emphasizing the need for concrete evidence of involvement in the crime.
Result: Proceedings against the applicant quashed.
| Table of Content |
|---|
| 1. applications filed for quashing charge-sheet in pmt malpractices. (Para 1 , 2 , 3) |
| 2. allegations against applicant include being a middleman in pmt malpractices. (Para 4 , 5 , 6) |
| 3. defense argues lack of evidence for middleman allegations. (Para 7 , 8 , 9) |
| 4. prosecution presents detailed allegations against the applicant. (Para 10 , 11 , 12) |
| 5. court hears arguments and summarizes allegations. (Para 13 , 14) |
| 6. court finds allegations insufficient to establish guilt. (Para 15 , 16 , 17) |
| 7. court discusses the lack of direct involvement in malpractice. (Para 18 , 19) |
| 8. no substantial evidence linking applicant to criminal activities. (Para 20 , 21) |
| 9. legal standards for quashing proceedings discussed. (Para 22 , 23 , 24) |
| 10. court outlines criteria for quashing criminal proceedings. (Para 25) |
| 11. court quashes proceedings against the applicant. (Para 26) |
| 12. similar allegations against applicant in 2013 pmt case. (Para 27 , 28 , 29) |
| 13. defense argues lack of evidence in 2013 pmt case. (Para 30 , 31 , 32) |
| 14. court quashes proceedings in 2013 pmt case as well. (Para 33) |
ORDER
(Reserved on : 06/05/2025)
(Pronounced on : 16/05/2025)
Per: Hon'ble Shri Justice Vivek Jain.
The present applications under Section 482 of Cr.P.C./Section 528 of BNSS-2023 have been filed for quashing the charge-sheet/ final report submitted by the CBI and the consequential trial and proceedings emanating therefrom.
2. M.Cr.C. No. 14375/2025 has been filed by accused Sonu Pachori arising out of FIR No. RC2172015A0025 so also the consequential criminal proceedings pending in S.T. NO. 317/14 before the learned Special Judge (VYAPAM CASES), Bhopal relating to Pre-Medical Test 2012 (for short Signature Not Verified ‘PMT-2012). M.Cr.C. No. 14379/2025 has been filed arising out of FIR No. RC2172015A0108 and consequential criminal proceedings pending in S.T. NO. 740/13 before the learned Special Judge (VYAPAM CASES), Bhopal at the instance of the same accused Sonu Pachori, though relating to Pre-Medical Test of 2013 but containing similar allegations.
3. As the allegations in both the FIRs arising from PMT-2012 and PMT- 2013 against the applicant Sonu Pachori, in M.Cr.C. No. 14375/2025 and M.Cr.C. No. 14379/2025 are identical, therefore, these petitions are taken up and are being decided by this common order analogously.
M.CR.C. No. 14375/2025
4. The FIR in the present case has been registered under the provisions of Section 120-B r/w 420, 467, 468, 471,201 of IPC , Section 13(2) read with 13(1)(d) Prevention of Corruption Act 1988, Section 66 r/w 43 of IT Act & Section 4/3 (D) 1, (2) of Madhya Pradesh Recognized Examination Act , 1937. The total number of accused persons in the FIR are 587 out of which 20 are Racketeers/Middle-men, 174 are Engine candidates, 174 are Bogie candidates, 172 are Guardians of the candidates in the matter of Engine-Bogie system of malpractices. Other type of manipulation is OMR sheet manipulation in which 6 accused are middlemen, 19 accused are candidates and 18 accused persons are guardians. The present applicant Sonu Pachori has been arrayed as a middleman.
5. The allegation against the present accused as contended by the learned counsel for the applicant is that he was working for Racketeer Sanjiv Shilpkar and there is record of Hotel Raja Bhoj Bhopal in which he has taken entry and entry was also taken by the co-accused solvers, beneficiary candidates and other middlemen. It is also alleged that counseling fees for accused candidates were paid from his Bank Account, mobile phone numbers and email ID of this applicant was used by other accused candidates in their applications and counselling forms, common fake House addresses of Bhopal were used in Signature Not Verified applicant forms of these accused candidates and as per his own confession contained in memorandum u/s 27 of the Evidence Act, the applicant was also a part of engine-bogie system himself in 2010 and his sister was a bogie in
