THE ALLAHABAD High Court has reserved its judgment on an application filed by Vice-Chancellor of Allahabad Agriculture Institute- Deemed University (AAI-DU), Naini, Allahabad Rajendra B Lal and the registrar of the same institute AKA Lawrence, challenging the chargesheet filed against them in connection with an alleged offence that they were running courses which were not recognised by the All India Council for Technical Education (AICTE).
The chargesheet has been filed against them by the investigation officer under Section 420 (cheating) and various other sections of the Indian Penal Code.
The applicants have also challenged the order dated January 31 passed by Additional Chief Judicial Magistrate, Allahabad taking cognisance of the matter in case no- 406 of 2006.
This order was passed by Justice Vinod Prasad after hearing the application filed under Section 482 (inherent powers of High Court) of Criminal Procedure Code.
To recall, an FIR was lodged by Atul Singh at police station Naini, Allahabad on August 31, 2005 alleging that AAI-DU weas running various courses illegally without approval from the AICTE. In the FIR, he had alleged that V-C RB Lal and registrar Lawrence were involved in this conspiracy and were admitting students by charging ‘double fees’.
The matter was investigated and the investigating officer submitted the chargesheet on October 16, 2005 against the applicants under Section 419, 420 (cheating) and various other Sections of the IPC. Thereafter, the ACJM took cognisance of the matter on January 31, 2006. Hence, this application was filed.
Arguing on behalf of the applicants, their counsels, senior advocate SN Verma, Ravi Kant, Gopal Chaturvedi, advocate J Nagar and others contended that no offence against the petitioners as alleged in the chargesheet was made out as a Deemed University was not required to take approval from the AICTE to start any programme in technical or management education leading to award of degrees.
The matter was investigated and the investigating officer submitted the chargesheet on October 16, 2005 against the applicants under Section 419, 420 (cheating) and various other Sections of the IPC. Thereafter, the ACJM took cognisance of the matter on January 31, 2006. Hence, this application was filed.
Arguing on behalf of the applicants, their counsels, senior advocate SN Verma, Ravi Kant, Gopal Chaturvedi, advocate J Nagar and others contended that no offence against the petitioners as alleged in the chargesheet was made out as a Deemed University was not required to take approval from the AICTE to start any programme in technical or management education leading to award of degrees.
Opposing this application, the counsels for the complainant JS Senger and Rahul Shreepati contended that running a course, inspite of the knowledge that it was not recognised, amounted to the offence of cheating.
On behalf of the state government, the application was opposed by Additional Government Advocate Amarjeet Singh in the court proceedings.