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8.Resisting the same, learned counsel for the respondents/A1 to A9 have raised the following points of consideration:

(i)On source information, the case has been registered and charge sheet has been filed against A1 to A9. Likewise, charge sheets were filed against one M/S.Melmaruvathur Adhi Parashakthi Institute of Medical Sciences and Research (MAPIMS) and others. They filed discharge applications before the trial Court, which were allowed, against which, CBI preferred revisions and the judgment was reported in (2014) 4 MLJ (Crl) 279 (Additional Superintendent of Police, CBI, Anti-Corruption Bureau, CBI/ACB, Chennai v. G.B.Anbalagan and others), wherein the learned Judge of this Court held that in view of the statutory provisions of the Medical Council Act which is a self contained Act and when there are specific provisions in the Act to deal with the misconduct committed by the Institution and if it submits fake/forged declaration forms, it would be improper to resort to Section 420 of IPC altogether ignoring those provisions. When a statute or the statutory body is not inclined to treat violation or lapses as an offence, no penal law can be invoked for the shortfalls in the faculty and the submission of false declaration forms.
(ii)Another judgment of this Court reported in (2014) 3 MLJ (Crl.) 646 (State represented by CBI/ACB, Chennai v. M.K.Rajagopalan and another), in which, third and fifth accused in this case namely, M.K.Rajagopalan and Dr.D.R.Gunasekaran are the parties and in that judgment, the learned Judge of this Court held that the criminal Prosecution of the Respondents with the allegations that the declaration forms submitted by the faculties contained false and misleading information as to the undertaking that they were full time faculties when they were not permanent staff is of no criminal consequence nor does it make out any prima facie criminal case against the Respondents/accused. The shortfall in faculties and the submission of fake/forged declaration forms is not considered to be 'cheating' according to the legislators in so far as the Medical Council of India and its procedures are concerned. When a statute or the statutory body is not inclined to treat violation or lapses as an offence, no penal law can be invoked for the shortfalls in the faculty and the submission of false declaration forms.
During the inspection conducted on 22 and 23rd December 2006, for the proposed increase of MBBS seats from 100 to 150 for the academic year, produced false and fabricated certificates with regard to the experience as if they worked as Assistant Professor and it was countersigned in the MCI declaration form of two Doctors Dr.N.V.Ramana Reddy and V.Ramana Reddy and thereby they committed the offences under Sections 468, 471 and 420 read with 120B IPC.
Charge No.4:
On the inspection conducted by MCI on 14th and 15th February 2008 for admission of increased intake of 150 students for the academic year, the petitioners produced false experience certificate and made false declaration before the Medical Council of India and thereby committed cheating and forgery and so they are liable to be prosecuted for the offences under Sections 468, 471, 420 and 120B IPC.
(d) Colleges which are found to have employed teachers with faked/ forged documents:
It is observed that any Institute is found to have employed a teacher with faked/forged documents and have submitted the declaration form of such a teacher, such an Institute will not be considered for renewal of permission/recognition for award of MBBS Degree/processing applications for post graduate courses for two academic years i.e. that academic year and the next academic year also.

37. .. ..

38. When a statute or the statutory body is not inclined to treat violation or lapses as an offence, no penal law can be invoked for the shortfalls in the faculty and the submission of false declaration forms.