- (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 Indian Penal Code 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 Judicial 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 Criminal Procedure Code 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 Indian Penal Code and section 13(2) read with section 13(1)(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 Gau tam 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 fulfil 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.
(3.) 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.;