Amar Saran and Kalimullah Khan, JJ. - (1.) HEARD Shri Ram Raj Pandey, learned Counsel for the petitioner in Criminal Misc. Writ Petition No. 18498 of 2011 and Shri Rajeev Chaddha, learned Counsel for the petitioner in Criminal Misc. Writ Petition No. 18572 of 2011 and learned Additional Government Advocate.
(2.) A common order is being passed in both the above captioned writ petitions, which are being connected. The allegations in both the writ petitions are in the nature of a scam. In writ petition No. 18498 of 2011, preferred by Sachin Rana and others, the allegations in the FIR dated 12.3.2011 lodged by Dr. Raj Kumar Dubey, the Principal of DIET, Baghpat at case crime No. 238 of 2011, under Sections 420, 468, 471 IPC, PS Baraut, district Baghpat, were that the petitioners had colluded with the officials of Madhyamik Shiksha Mandal, Bhopal who had certified that the marks sheets of the petitioners and others wen authentic, even though some of the candidates had only appeared in local colleges at Baraut in the High School/Intermediate examination, but they were shown to have passed the high school/higher secondary examination in the same year from Madhyamik Shiksha Mandal, Bhopal as regular candidates. When verification was made from the Principals of the colleges at Madhya Pradesh, the said list was found to be forged and it was found that the marks sheets related to other roll numbers, and were not those of the petitioners or other accused. Subsequently, when the in-charge B.T.C., wrote another letter for re-confirmation of the marks sheets of 36 accused, which had been received in July, 2010, the said mark sheets were declared to be forged and legal action was also directed to be taken against the concerned officials and clerks who had earlier declared the mark sheets of the accused to be genuine. In writ petition No. 18572 of 2011, filed by the petitioner Nirbhay Singh, the allegations in the FIR lodged by Dr. Abha Mishra, Principal DIET, Ghaziabad at case crime No. 285 of 2011, under Sections 420, 467, 468, 471 IPC, PS Hapurnagar, district Ghaziabad were that the petitioner had sent forged marks sheet for selection to the BTC course, 2010 and it was found that both the address and the marks sheet were forged.
(3.) LEARNED Counsel appearing in both the petitions submitted that in a large number of cases orders staying arrests have been passed. Specifically the petitions mentioned in Criminal Misc. Writ Petition No. 18498 of 2011 bear the following numbers : Criminal Misc. Writ Petition Nos. 12637 of 2011, 13184 of 2011,14757 of 2011,17485 of 2011, 6245 of 2011, 6361 of 2011, 7318 of 2011, 8505 of 2011 and 9610 of 2011. In Criminal Misc. Writ Petition No. 18572, preferred by Nirbhay Singh, it is mentioned that separate first information reports had been lodged against the students, which were challenged by means of Criminal Misc. Writ Petition Nos. 6275 of 2011, 6058 of 2011, 8505 of 2011 and 14808 of 2011.;