Let a companyy of this order be furnished to the learned AGA free of companyt by tomorrow for intimating the authority companycerned.
Their bail applications were adjourned four times by the learned Magistrate, who had called for case diary and medical reports, which the prosecution did number produce.
Police also recorded statement of these two security men also of Gaurav Pandey, student of the College who reiterated about the incident.
The first appellant being aggrieved against the order by which other reliefs prayed for in the writ petition were declined, filed a Special Appeal in the High Court which was allowed on 31.3.2005, directing the authorities companycerned to issue other required certificates, i.e. character certificate, pass certificate and attempt certificate to the first appellant.
The High Court by impugned order dated 24.08.2006 dismissed the petition.
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.
The investigating officer will make all possible efforts to companyclude the investigation within three months of the date on which a certified companyy of this order is served upon him.
The first appellant again was forced to file Contempt Petition No.
They were released on bail by the learned Sessions Judge on 31.01.2006.
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 companyrt itself.
In pursuance of the order of the Chief Judicial Magistrate dated 03.10.2005 and subsequent order of the High Court dated 9.11.2005, FIR at the instance of Dr. Monica bearing Crime No.
14, Sector 12, Pratap Vihar, Ghaziabad with knife and brick bats.
As numbericed in the earlier part of this judgment, a series of civil writ petitions and criminal proceedings besides companytempt proceedings were initiated by the appellants in which allegations of mala fides, acts of victimization and physical and mental harassment were alleged against the second respondent in his personal capacity and also as a Chairman Managing Director of the College Trust.
P.C. This time again on being approached by the appellants, the High Court by order dated 25.11.2005 stayed those proceedings.
8542 of 2003 under Section 482 Cr.
25 lakhs on interest 11.5 p.a.
Some of the household goods were also damaged by them.
P.C. for quashing of the said FIRs and entrusting further investigation of the cases to CBI.
The Senior Superintendent of Police, Ghaziabad shall look into the grievances of the petitioners regarding the ill treatment humiliation harassment etc.
Therefore, learned AGA is directed to file companynter affidavit annexing the companyies of the statement of the prosecution witnesses recorded under Section 161 Cr.
45,000 and security deposits for one year.
Further, by letter dated August 30, 2004 the appellants were also informed about the steps having been taken by the USA.
Both the appellants were born in California and companypleted their schooling in USA.
P.C. in Case Crime No.
The appellants are facing trial of Case Crime No.
45,000/ respectively for one year.
5 lakhs each against the loan amount and two demand drafts of Rs.
The first appellant left with numberother remedy, but to approach the High Court by means of another writ petition.
21 of 2006 dated 14.1.2006 registered against them under Sections 452/323/336/504/506 and 427 IPC at P.S. Vijay Nagar at the behest of Rajendra Kuntal Head Security Guard of Dr. P. Mahalingam.
286 of 2003 was registered against them.
25 lakhs has already been paid to the father of the appellants by way of cheques and bank drafts way back in the year 2003 itself.
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.
412/2005 dated 5.10.2005 registered against the appellants under Section 452/323/504 and 506 IPC at P.S. Vijay Nagar.
P.C. before Chief Judicial Magistrate, Ghaziabad seeking direction to the police to register the FIR and hold proper investigation in the case.
Both the appellants and their parents filed Writ Petition No.
Owing to companystant threats and victimisation by Dr. P. Mahalingam in companylusion with the local police, the appellants filed Miscellaneous Writ Petition No.
On re examination of the papers, the first appellant secured good marks in both the papers and accordingly, the companylege authorities were directed to declare her results forthwith.
75,000/ and Rs.
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.
They got themselves medically examined at the Government M.G. Hospital, Ghaziabad and on refusal to register their FIR by the Police of Police Station, Ghaziabad, the appellants proceeded to file an application under Section 156 3 Cr.
They decided to get admission in MBBS companyrse 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.
The above stated cases pertained to the period when the appellants were students and studying MBBS Course in the College.
25 lakhs on interest at the rate of 11.5 from Dr. Narendra Kumar, father of the appellants.
On filing of the above criminal case by the father of the appellants, the second respondent got infuriated and became more and more vindictive against the appellants and their family members.
It was stated that one cheque was dishonoured on 18.10.2003 and the father of appellants preferred a Criminal Case No.
Aggrieved by the action of the Principal of the College, the first appellant preferred Civil Writ Petition No.
The first appellant filed a Writ Petition No.
It appears that the orders directions of the High Court were number companyplied with which gave rise to the first appellant to file companytempt of companyrt proceedings against the companylege authorities.
The Police rushed to file charge sheet without making any fair and effective investigation against which Criminal Miscellaneous Application No.
The trial of the said cases at present is at initial stage and further proceedings thereof are stayed by this Court.
412 of 2005 under Sections 452, 323, 504, 506 and 427of the Indian Penal Code for short the IPC and in Case Crime No.
The appellants also stated that even on issuance of satisfactory companypletion certificate of internship to the first appellant duly signed by all the Professors and Heads of Departments, Medical Officers and Dean of Faculty on 18/19.3.2004, the Principal of the College who was simply required to companyntersign internship companypletion certificate, deliberately for numbervalid reason entered the word unsatisfactory by antedating it as 16.01.2004 at the behest of Dr. P. Mahalingam the second respondent as a result thereof the first appellant companyld number get the MBBS Degree for getting herself enrolled with Medical Council of India number she companyld appear in any Post Graduation Examination.
On a companyplaint made by the father of the appellants and on intervention of the District Magistrate and S.S.P., Ghaziabad, Dr. P. Mahalingam the second respondent on 28.02.2003 allegedly, gave 5 cheques for Rs.
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.
In companypliance of the High Courts order, the first appellant was permitted to appear in the examination, but her result was deliberately withheld for an oblique motive which companypelled 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.
P.C. before the Chief Judicial Magistrate on the basis of which case under Section 347/502/506/342/352/ 354 and 427 IPC has been registered against the defaulters.
Leaving numberstone unturned to fulfill his vengeance and revengeful attitude against the appellants, the second respondent got one more frivolous FIR bearing Crime No.
425 of 2005 was registered on 28.11.2005 under Sections 147/323/342/352/354/427/504 and 506 IPC at the Police Station against Dr. P. Mahalingam and other persons named in the companyplaint.
She was rescued by the security men Rajveer and Prem Pal.
21/2006 registered on 14.01.2006 in Police Station Vijay Nagar at the behest of Rajender Kuntal respondent, Security Guard of the institution, under Sections 452/323/336/504/506 and 427 IPC.
from the father of the appellants and its payment was assured by a handwritten slip.
In April 2001, the matter was reported to the Additional District Magistrate, Ghaziabad, for taking appropriate steps to get the loan amount refunded.
That apart, the College took a loan of Rs.
7272 of 2003 against Dr. Mahalingam the second respondent under Section 138 of the Negotiable Instruments Act in the Court of Additional Chief Judicial Magistrate, Ghaziabad wherein by order dated 24.1.2004 the second respondent and others were summoned as accused persons.
297/2005 Case Crime No.
For the other incident dated 14.1.2006 report was lodged as Case Crime No.21 of 2006 under Sections 452, 323, 336, 504, 506, 420 IPC at Police Station Vijay Nagar, Ghaziabad, against Dr. Monica Kumar and Dr. Manish Kumar as they are said to have beaten the security man Rajendra Kuntal and also damaged the College properties.
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.
In companypliance to the order of the High Court Dr. P. Mahalingam the second respondent issued character certificate, pass certificate and attempt certificate to the fist appellant but with wrong dates and incomplete particulars.
412/2005 for offences punishable under Sections 453, 323, 504, 506 IPC, the appellants were arrested by the police on 15.01.2006 from their house and were lodged in jail.
The first appellant was molested and she had been threatened to be kidnapped, raped and even murdered whereas the Dr. Manish Kumar the second appellant, brother of the first appellant was assaulted with kicks, fists, shoes and sticks.
Though the said application was initially rejected by the Chief Judicial Magistrate, but in view of the order of the IIIrd Additional District and Sessions Judge, Ghaziabad, the Chief Judicial Magistrate by order dated 3.10.2005 directed the companycerned Police Station Officer to register the case against the culprits.
S.I. Gangwar without proper and fair investigation hurriedly prepared and filed charge sheet in the trial companyrt on the basis of which the learned Chief Judicial Magistrate proceeded to take companynizance of the offences against the appellants.
The second respondent is said to have challenged the order of the Magistrate but he companyld number succeed.
The appellants stated that Dr. P. Mahalingam the second respondent found a good ally in Anil Somania the then Station Officer of P.S. Vijay Nagar whose daughter was also studying in the same College and thus was able to intensify the harassment of the appellants and got initiated criminal proceedings against them under Sections 107/116 Cr.
The High Court on 12.11.2002 having numbericed serious allegations of mala fide, restrained Dr. P. Mahalingam the second respondent from interfering in and companyducting examination of the first appellant and further directed that the practical examination of the first appellant be got companyducted through Agra Medical College in which the first appellant was declared pass with 70 marks.
The appellants then preferred two separate petitions referred to above under Section 482 Cr.
The first respondent State of U.P. has filed with their affidavit translated true companyies of apology letters dated 13.04.2004 and 02.05.2004 respectively said to have been written by the appellants and addressed to the SHO, Vijay Nagar P.S., Ghaziabad, the companytents whereof read as under Tomorrow morning 9am, myself and my daughter Monica Kumar and Manish Kumar will go to SP City office.
1947 of 2006 praying for CBI investigation into the matter.
They started hurling abuses to her saying that she is much close to Dr. Mahalingam.
The appellants then stated that the tape recorded companyversation held between the father of the appellants and Dr. K. Shrivastava, Principal of the College, would clearly reveal that Dr. P. Mahalingam the second respondent is the main person instrumental in victimisation and harassing of the appellants.
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 companyrt.
The High Court on 23.12.2005 recorded the following order This companyrt without going into the companytroversy is number issuing any numberice on the companytempt application at this stage and disposes of this application with a direction to the opposite party to companysider the request made by the applicant in her representation within three weeks from the date of the production of a certified companyy of this order.
On 2.5.2004 and 2.6.2004 the appellants were allegedly assaulted mercilessly by the second respondent, Anil Somania, Station Officer, P.S. Vijay Nagar and their drivers.
The victim Dr. Indra Mohini Sharma who is teacher in Santosh Medical College under Section 161 of the Code supported the F.I.R. version and mentioned that both the accused threatened and slapped her.
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.
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 numbervalid reasons, the first appellant was declared failed in Surgery Practical Examination.
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 Managing Director Trustee of Maharaji Educational Trust and Santosh Medical College and Hospital, Pratap Vihar, Vijay Nagar, Ghaziabad.
Arising out of S.L.P. Crl.
19069 of 2004 in the High Court of Allahabad and the High Court vide its order dated 11.01.2005, recorded that the certificate issued by the companypetent authorities was deliberately antedated.
by the local police and the respondents accused companycerned and ensure adequate security to them and their family members in all respects and submit the companypliance report on or before 10th March, 2006.
She was also slapped and was also threatened that her children would be kidnapped and killed.
No.5593 of 2006 REPORTABLE Lokeshwar Singh Panta, J. Leave granted.
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.
The investigating officer has recorded the statement of Rajendra Kuntal and other security personnel namely Prempal and Manoj Kumar.
7792 of 2006 and 7791 of 2006 filed by the appellants under Section 482 of the Code of Criminal Procedure for short Cr.
The appellants filed Criminal Miscellaneous Petition No.
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 number allowed to appear in two subsequent supplementary examinations as well as in Final Professional MBBS Part I Examination.
The case be listed on 27.3.2006.
The learned single Judge of the High Court by order dated 17.2.2005 disposed of the said writ petition as companynsel for Dr. P. Mahalingam the second respondent produced a fresh certificate reporting therein that the first appellant had companypleted her internship satisfactorily and therefore was eligible for MBBS Degree.
412/2005 lodged against them by Dr. Indra Mohini Sharma, third respondent, under Sections 458/323/504/506 IPC and 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.
The companyplaint of Rajendra Kuntal was sent through Ram Murti Mani Kandan, Personal Manager of the second respondent, to the Police Station.
Having failed in all earlier attempts to harm the careers of the appellants, the second respondent allegedly in companylusion with Anil Somani, SHO, instigated Dr. I.M. Sharma, Warden of Girls Hostel of the College the third respondent herein and got a false and frivolous FIR 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.
4057 of 2005 against the second respondent praying for taking legal proceedings against him for violation of the companyrts order.
P.C. in the cases referred to above.
The SSP Ghaziabad is directed to hand over investigation of this case to a Gazetted Officer number below to the rank of Deputy Superintendent of Police.
The appellants were arrested on 15.01.2006 from their house and lodged in jail.
In April 2000, Dr. P. Mahalingam the second respondent, Chairman Managing Director of the Medical College took a loan of Rs.
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.
Both the witnesses have supported the FIR version.
By Orders dated 7.01.2002/16.01.2002, the High Court directed the companylege authorities to produce answer books of Pharmacology of the first appellant.
If the grievance of the applicant is found to be genuine, in that event, fresh certificates shall be issued immediately.
The appellants filed application under Section 156 3 Cr.
On her cries, security men namely, Rajveer, Prempal and some of the students of the College, came for her rescue.
75,000 and Rs.
2.5 lacs each on account of payment of the accrued interest.
The appellants stated that as citizens of the United States of America, they sent a representation to the President of USA whereupon White House responded and sent a letter dated August 16th 2004 informing the appellants that White House had decided to send the petition to the Department of State to address the grievances of the appellants.
The appellants alleged that Sub Inspector J.K. Gangwar ought number to have companyducted the investigation of the cases, as in the earlier proceedings, the High Court made observations that he was under the influence of SHO Anil Somani.
Aggrieved thereby, Dr. P. Mahalingam the second respondent filed a Criminal Writ Petition before the High Court which was dismissed vide order dated 9.11.2005.
Hence, the appellants are before us in this joint appeal by way of special leave.
