Uttarakhand High Court
Manav Kapoor vs State Of Uttarakhand & Others on 19 February, 2020
Author: Lok Pal Singh
Bench: Lok Pal Singh
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (Criminal) No. 255 of 2020
Manav Kapoor ....... Petitioner
versus
State of Uttarakhand & others ....... Respondents
Mr. Aditya Singh with Mr. Pranav Singh, Advocates for the petitioner.
Mr. Sandeep Tandon, Deputy Advocate General with Mr. P.S. Bohara, A.G.A.
for the respondent State.
Hon'ble Lok Pal Singh, J.
Petitioner has filed the present criminal writ petition under Article 226 of the Constitution of India, seeking writ in the nature of certiorari for quashing the FIR no. 0015 of 2020, dated 05.02.2020, under Sections 420, 409, 467, 468, 471 IPC, registered at Police Station Vasant Vihar, District Dehradun.
2. Petitioner is trustee and Managing Director of Laxmi Educational Trust and is running an institution known as "Landmark Foundation Institute of Management and Technology"
(hereinafter referred to as 'the Institute'). The Institute was founded in the year 2010 and was affiliated for B.B.A., B.H.M., B.C.A., B.Sc. (I.T.) and M.Sc. (I.T) with Uttarakhand Technical University having a total intake of 30 students in each course.
3. On the complaints that scholarship scam is going on in educational institutions and these educational institutions are siphoning off the scholarship of S.C. / S.T. students with the 2 connivance of officials of Social Welfare Department of the State. A Public Interest Litigation no. 228 of 2018, Ravinder Jugran Vs State of Uttarakhand and others, along with analogous matter, was filed. The PIL court took cognizance in the said Public Interest Litigations.
5. Initially the FIR was lodged to investigate the matter but subsequently it was found that it is a big scholarship scam and after examining the records of the Social Welfare Department pertaining to the issuance of scholarship in the name of S.C. / S.T. students in the respective colleges / educational institutions, a Separate Investigation Team (SIT) was constituted. Dr. Manjunath T.C., Senior Superintendent of Police (Traffic and Crimes) was appointed Head of the SIT.
6. On lodging the FIRs in the matter, the investigation commenced and during investigation it was revealed that it is a big Scholarship scam of crores of crores rupees in the name of welfare scheme for the benefit of students of S.C. / S.T. category as the educational institutions had shown their admissions and took the scholarship in the name of fictitious students. Some of the students were fictitious and in the name of some students there were double entries in the Social Welfare Department as their admissions were shown in different institutions for the same academic year thereby causing a huge loss to the public exchequer and number of educational institutions situated inside and outside the territory of the State of 3 Uttarakhand have siphoned off a huge amount involving crores and crores of rupees.
7. As soon as the FIRs, as desired by the PIL court to investigate the matter, were lodged the Directors and Members, who are directly concerned with the financial affairs of the educational institutions rushed to this Court for quashing of the FIRs lodged against them. Co-ordinate Benches of this Court, in some of the criminal writ petitions, granted interim protection from arrest to those persons who challenged the FIRs with the direction that they shall deposit the amount so embezzled or taken from the Social Welfare Department in the name of scholarship granted to fictitious students belonging to S.C. / S.T. category.
8. The matter came up before this Court and having considered the fact that it is a big scam of siphoning off the government funds in the guise of scholarship to be paid to the S.C. / S.T. students, this Court asked some of the petitioners to first deposit the amount with the State Government as they could not make out a prima facie case of interference in the ongoing investigation against them, but also having considered the fact that the petitioners and similarly situated persons are running the educational institutions and no fruitful purpose would serve in sending them behind the bars without recovering the money from them. The petitioner and similarly situated petitioners have also apprised this Court that if under some bona fide mistake some amount of S.C. / S.T. scholarship 4 is taken by the educational institutions, they are ready and willing to return the said amount to the State Government. On the last occasion, this Court also directed Dr. Manjunath T.C., Head of the SIT, to remain present in person before this Court. Pursuant to order passed by this Court he is present in person before the Court.
10. An Association of educational institutions moved an application before the PIL court stating therein that some of the members of the Association are inclined to deposit the amount, but the investigating agency is not inclined to accept the same. The PIL court in its order dated 23.10.2019 had observed as under:
"While we are reluctant to permit these colleges to interfere with the process of investigation, we do not see any reason why the members of the Association, if they so choose, should not voluntarily deposit the amounts which, according to them, are liable to be returned to the Government; and to file an application for necessary directions to be issued in this regard."
11. Having considered the observations made by the PIL court vide order dated 23.10.2019, I am of the view that though specific allegations of siphoning off the Government funds have been levelled against the petitioner, but also having considered the fact that the investigation is going on, it would be appropriate in the interest of justice that a direction be issued to the State Government to open a separate bank account so that, in case, the Court directs any of the petitioner or petitioners 5 to deposit the amount, the same may be deposited in the separate bank account so opened by the State Government in this regard. Thus, this Court is of the view that following directions be issued:-
i) The Secretary (Finance), Government of Uttarakhand is hereby directed to open a separate bank account in some nationalized bank so that any amount so offered to be deposited in the said account by any of the petitioner be deposited in said account.
ii) The amount so deposited by any of the petitioner shall be kept in some interest earning scheme, i.e., FDR which shall be subject to the final outcome of the criminal case lodged against such petitioner / petitioners.
iii) Petitioner shall deposit an amount of Rs.50,00,000/- (rupees fifty lacs only) in said bank account within two months from today. Rs. 25,00,000/- shall be deposited within one month from today and the remaining amount of Rs.25,00,000/- shall be deposited thereafter in the next month.
iv) The petitioner undertakes to deposit the said amount as per the directions issued above, thus, the respondents shall not take any coercive measures against him.
The petitioner shall cooperate with the investigating agency in the meantime.
6v) In case, the petitioner does not comply with the directions issued by this Court directing him to deposit the amount within the time stipulated, the respondents would be at liberty to take appropriate measures against him, as per law.
20. Interim relief application stands disposed of accordingly.
21. List immediately after two months. Counter affidavit, if any, be filed in the meanwhile.
(Lok Pal Singh, J.) 19.02.2020 Negi