RAVINDRA SINGH, J. - (1.) THIS application has been filed by the applicant Ved Ram Sharma with a prayer to quash the proceedings of Case No. 3101 of 2010 (CBI v. Ved Ram Sharma) under section 420 I.P.C. arising out of the Charge- Sheet dated 31.8.2010 submitted in F.I.R.No. RC-1202009A0006 dated 7.9.2009, Police Station CBI, ACB, Ghaziabad, pending in the Court of learned Special JudVial Magistrate (CBI), Ghaziabad and to quash the order dated 11.4.2011 passed by learned Special Judicial Magistrate, Ghaziabad whereby the discharge application under section 239 Cr.P.C. filed by the applicant has been dismissed.
(2.) THE facts, in brief, of this case are that the FIR of this case has been lodged by C.B.I, on 7.9.2009 at Police Station C.B.I., ACB, Ghaziabad under section 120-B read with section 417 I.P.C. and section 13(2) read with section 13(l)(d). of Prevention of Corruption Act, 1988. THE FIR has been lodged against the applicant and Dr. Prabhat Kumar, the applicant is Chairman of Akash Education Society, 405 Ocean Complex, Sector 18, Noida, district Gautam Budh Nagar and Dr. Prabhat Kumar is Director of the above mentioned Akash Education Society, alleging therein that a reliable information has been received to the effect that the approval of All Indian Council of Technical Education (AICTE), Chanderlok Building, Janpath, New Delhi has been granted to the institutes, who do not fulfill the norms as laid down by AICTE, it has also revealed that the approval of AICTE is granted to the institutes to fulfil the norms of AICTE and without the approval of AICTE the Engineering College cannot function. In order to verify whether the concerned institute fulfils the said norms, a Committee appointed by AICTE conducts physical inspection of the Institute. THEreafter on the basis of the recommendations made by AICTE Committee, the approval is granted to the institute to run Engineering Courses, it further revealed that the unknown officials of AICTE in conspiracy with the applicant Ved Ram Sharma, Chairman and Dr. Prabhat Kumar, Director had recommended for approval of R.V. Northland Institute of Technology, G.T. Road, Chithera, Dadri, District Gautam Budh Nagar being run by Akash Education Society by misrepresentation of facts in their report dated 12.6.2009 regarding physical verification conducted by them to ascertain whether the said institute fulfils the norms of AICTE in respect of requirement of land and other norms for running of the engineering college. It has also been revealed that the Committee of the AICTE has mentioned in its report that the Institution is having 15.1503 Acres of land and as it is located in rural area, it requires 10 acres of land as per norms of AICTE. The information has also revealed that R.V. Northland Institute of Technology is only having 8.8203 acres of land, out of the said land, the said institute is having clear title in only 3.7365 acre of land, the remaining 5.0838 acres of land is under dispute as the same has been ordered to be acquired by U.P.S.I.D.C. by competent authority in January 2008, whereas the inspection of the land records by AICTE Committee was conducted on 12.6.2009. Thus by the aforesaid acts, the unknown officials" of AICTE in conspiracy with Ved Ram Sharma, Chairman and Dr. Prabhat Kumar, Director had cheated AICTE by facilitating the approval of R.V. Northland Institute of Technology, G.T. Raod, Chithera, Dadri, district Gautam Budh Nagar by AICTE on 24.6.2009 for running the engineering courses. The above facts prima facie disclosing the commission of the offence punishable under section 120-B read with 417 I.P.C.and 13(2) read with 13(l)(d) of Prevention of Corruption Act, 1988 against the applicant and Dr. Prabhat Kumar.
(3.) AFTER making the investigation, the I.O. submitted the charge sheet No. 07 (03) dated 31.8.2010 under section 420 I.P.C. against the applicant, during investigation it has been revealed that a proposal / application was submitted by Shri Ved Ram Sharma, Chairman, Akash Education Society vide his letter No. 198/AES/RVNOIT/07 dated 28.12.2007 along with the enclosures for opening of new technical institution by the name of RV Northland Institute of Technology, Ghaziabad at the Regional Office, Northern Region Office, AICTE, Kanpur. Subsequently as per the handbook of approval process, which is a legal document as per notification No. F37-3/Legal/2006 of AICTE dated 14.9.2006, the proposal was scrutinized by the Regional Committee. Further on perusal of the record submitted by Shri Ved Ram Sharma, Chairman, Akash Education Society to the Regional Officer, AICTE, Kanpur vide letter No. AES/AICTE/ENGG/2009/350 dated 28.1.2009, certain deficiencies were found in the application and documents submitted by Akash Education Society which were posted in the website of AICTE, Shri Ved Ram Sharma vide his above mentioned letter had submitted the record for rectification of the same and had also submitted that their proposal may be considered for establishment of the institution for the sessions 2009-10. Investigation further discloses that the said application of Shri Ved Ram Sharma was forwarded to the A1CTE HQ., New Delhi for further action Subsequently on the basis of application/proposal received from Regional Office, Hearing letter was issued to the Chairman /Secretary Akash Education Society, N. Delhi vide F No. 06/05/UP ENGG/2009/46 dated 9.3.2009 by Shri Dev Vrat Singh, Advisor ( E & T) AICTE Head Office, N. Delhi. As per the said letter the Chairman/ Secretary of Akash Education Society were requested to present their proposal before the hearing committee on 19.3.2009 for establishment of RV Northland Institute of Technology Ghaziabad. Thereafter on 19.3.2009 Shri Ved Ram Sharma, Chairman of Akash Education Society appeared before the hearing committee. Also at the time of hearing Shri S.P. Bhati, General Secretary, Akash Education Society had submitted a declaration giving the details of land area, Details of fund along with the date of Land user certificate and date of approval of Building plan.;