- (1.) LEAVE granted.
(2.) CHALLENGE in this appeal is to the final judgment and order dated 24. 08. 2006 passed by the High Court of judicature at Allahabad whereby and whereunder the High court has dismissed Criminal Miscellaneous Applications bearing Nos. 7792 of 2006 and 7791 of 2006 filed by the appellants under Section 482 of the Code of Criminal procedure [for short "cr. P. C. "] in Case Crime No. 412 of 2005 under Sections 452, 323, 504, 506 and 427of the Indian Penal code [for short "the IPC"] and in Case Crime No. 21 of 2006 under Sections 452, 323, 336, 504, 506, 420 IPC respectively registered against them at Police Station, Vijay Nagar, District ghaziabad and seeking for entrustment of further investigation of the aforesaid cases to the Central Bureau of investigation [for short "the CBI"]. This case would reveal a chequered history of legal battle being fought by the appellants - the students of Santosh medical College on one hand and the authorities of the College on the other hand. Dr. Narendra Kumar, the father of the appellants, is presently working as Professor/medical Director of Neonatal intensive Care Unit [nicu] and also performing medical practice at 2917, Middleboro Place, Modesto, California. Both the appellants were born in California and completed their schooling in USA. They decided to get admission in MBBS course for the academic session 1996-97 in Santosh Medical college, Ghaziabad [for short "college"] against NRI quota after remitting US $50,000 and US $49,700 respectively towards capitation fees and additional hostel fees of RS. 75,000 and rs. 45,000 and security deposits for one year. That apart, the college took a loan of Rs. 25 lakhs on interest @ 11. 5% p. a. from the father of the appellants and its payment was assured by a handwritten slip. The disputes and differences arose after the father of the appellants demanded repayment of the loan from Dr. P. Mahalingam - the second respondent herein, chairman and Managing Director/trustee of Maharaji educational Trust and Santosh Medical College and Hospital, pratap Vihar, Vijay Nagar, Ghaziabad. In April 2001, the matter was reported to the Additional District Magistrate, ghaziabad, for taking appropriate steps to get the loan amount refunded. Dr. P. Mahalingam - the second respondent in his letter dated 9. 4. 2001 acknowledged the liability and had also assured to refund the entire loan amount. It was alleged that the second respondent with vindictive attitude started harassing the appellants and in the result declared in July 2000, Dr. Monica Kumar - the first appellant was got failed in both theory papers of Pharmacology and she was not allowed to appear in two subsequent supplementary examinations as well as in Final Professional mbbs Part-I Examination.
(3.) THE first appellant filed a Writ Petition No. 9150 of 2001 in the High Court wherein vide order dated 14/3/2001, the second respondent was directed to permit the first appellant to appear in the final Professional MBBS Part-I Examination. In compliance of the High Court"s order, the first appellant was permitted to appear in the examination, but her result was deliberately withheld for an oblique motive which compelled the first appellant to approach the High Court of Allahabad by way of Miscellaneous Application in the pending Writ Petition no. 9150/2001 for issuing necessary directions for declaration of her result. The High Court vide order dated 19. 9. 2001 directed the College authorities to declare the results of MBBS final Professional Part-I Examination, 2001 and the result of the scrutiny of Pharmacology of Second Professional examination, 2000 and further to permit the first appellant to appear in Final MBBS Part-II Examination and to declare the result of the said examination as well. By Orders dated 7. 01. 2002/16. 01. 2002, the High Court directed the college authorities to produce answer books of Pharmacology of the first appellant. On 4. 03. 2002, the High Court got the answer books of the first appellant re-examined by the Head of department of Pharmacology of Motilal Nehru Medical College, allahabad in the court itself. On re-examination of the papers, the first appellant secured good marks in both the papers and accordingly, the college authorities were directed to declare her results forthwith. It appears that the orders/directions of the high Court were not complied with which gave rise to the first appellant to file contempt of court proceedings against the college authorities. The High Court vide order dated 9. 4. 2002 directed the College authorities to be present personally in the court but in the meantime on 22. 04. 2002 the result was declared and for no valid reasons, the first appellant was declared failed in Surgery Practical Examination. The first appellant left with no other remedy, but to approach the High court by means of another writ petition. The High Court directed the second respondent to produce before it the tabulation chart of Surgery Practical Examination of all the students including the first appellant. The High Court on 12/11/2002 having noticed serious allegations of mala fide, restrained Dr. P. Mahalingam - the second respondent from interfering in and conducting examination of the first appellant and further directed that the practical examination of the first appellant be got conducted through Agra Medical college in which the first appellant was declared pass with 70% marks. The appellants alleged that having miserably failed in all attempts to ruin the career of the first appellant, Dr. Mahalingam - the second respondent on 04. 04. 2003 got a false and frivolous report lodged under Sections 504 and 506 ipc through his yes-man and associate - Dr. Anil Tomar against all the members of the appellants" family whereupon case Crime No. 286 of 2003 was registered against them. Both the appellants and their parents filed Writ Petition No. 1923 of 2003 seeking for quashing the said criminal case and the High Court vide order dated 17. 4. 2003, stayed the arrest of the appellants and their parents during the investigation of the above-said FIR. The Police rushed to file charge sheet without making any fair and effective investigation against which Criminal Miscellaneous Application No. 8542 of 2003 under Section 482 Cr. P. C. was filed by the parents of the appellants in the High Court for quashing the charge sheet and the High Court vide its order stayed further proceedings pending before the trial court.;