CRL. M.C. 3118/2012

Page 1 of 80

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on:

17^th December, 2021

Pronounced on: 17^th January, 2022

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CRL. M.C. 3118/2012

JATINDER PAL SINGH

..... Petitioner

Through:

Mr. Sudhir Nandrajog, Sr.

Advocate with Mr. H. S.

Bhullar and Mr. Shikhar

Sharma, Advocates

versus

CENTRAL BUREAU OF INVESTIGATION

..... Respondent

Through:

Mr. Rajesh Kumar, SPP for

CBI

with

Ms.

Mishika

Pandita, Advocate

CORAM:

HON’BLE MR. JUSTICE CHANDRA DHARI SINGH

J U D G M E N T

[VIA VIDEO CONFERENCING]

CHANDRA DHARI SINGH, J.

1.

The Petitioner has approached this Court by way of the instant

petition under Sections 397 and 401 read with Section 482 of the Code of

Criminal Procedure (hereinafter referred to as “Code”) for setting aside

the order of the Court below dated 1^st June 2012, whereby common

charges had been framed against the accused including Jatinder Pal Singh

(hereinafter referred to as “Petitioner”) and the consequential order dated

4^th June 2012 framing individual charges against the Petitioner in the case

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000183

CRL. M.C. 3118/2012

Page 2 of 80

titled as “CBI v. Ketan Desai and Others” pending before Special Judge

CBI-5, Patiala House Courts, New Delhi.

FACTUAL MATRIX

2.

Before adverting to the submissions made by the learned counsels

for parties, it is essential to highlight the factual background of the instant

matter which is stated hereunder:

i)

The impugned proceedings have arisen from the First

Information Report registered by the CBI vide Case bearing No.

RC 02(A)/2010/CBI/ACU-IX/New Delhi on 22^nd April 2010,

under Sections 7/8/11/13(2) read with Section 13(l)(d) of

Prevention of Corruption Act, 1988 (hereinafter referred to as “PC

Act”) and Section 120-B of the Indian Penal Code, 1860

(hereinafter referred to as “IPC”), on the allegations that Dr. Ketan

Desai, President of the erstwhile Medical Council of India

(hereinafter referred to as “MCI”), entered into a criminal

conspiracy with the Petitioner, Dr. Sukhvinder Singh and others

with the object to show favor qua recognition of the courses and

grant of permission pertaining to Gian Sagar Medical College and

Hospital, Patiala (hereinafter referred to as the “GSMCH”) as

mandated by the Indian Medical Council Act, 1956 and the

relevant MCI Regulation and Rules for admission into 4^th year of

the MBBS course for the academic session 2011-2012.

ii)

The prosecution‟s version is that on the basis of reliable and

specific information, CBI Special Unit, New Delhi had placed the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000183

CRL. M.C. 3118/2012

Page 3 of 80

mobile phones under telephonic surveillance during the period

when MCI received the application for renewal of permission from

GSMCH, Patiala for admission into 4^th Batch of the MBBS course.

The investigation further revealed that criminal conspiracy to

obtain favors in the form of recommendation for permission for

admission into fourth year batch for MBBS course began after

deficiencies were pointed out during first inspection of GSMCH,

Patiala. Accordingly, the aforementioned FIR was registered

against the accused persons on the allegations as aforesaid.

iii)

Subsequently, on 22^nd April 2010 recovery was made

wherein Dr. Kamaljeet Singh was intercepted while allegedly

delivering a sum of Rs. 2 crores, as illegal gratification for the

aforementioned purpose, at the residence of the Petitioner by the

income tax authorities and liquor bottles were seized by the police

authorities.

iv)

Upon the completion of the investigation, the Final Report

under Section 173 of the Code was filed on 16^th September 2011

under Sections 7/8/12/13(2) and 13(1)(d) of the PC Act along with

Section 120-B of the IPC in the Court of Special Judge for CBI

Cases, Patiala House Courts, New Delhi.

v)

Trial Cou