Document Fragment View

Matching Fragments

4. I have heard learned counsel for the parties at length. Briefly the facts giving rise to the filing of the present petitions are that 6 FIRs have been registered against the Petitioner wherein the allegations are that the Petitioner along with the other accused manipulated the Post Graduate Entrance examination and Undergraduate Entrance Examination conducted by AIIMS and Pre-Veterinary Test (AIPVT-2011). The 6 cases registered against the Petitioner by the CBI are RC/219/2011/E0005 u/s 120B/420/511/467/471 IPC; RC/219/2011/E0006 u/s 120B/420/511/467/471 IPC; RC/219/2011/E0007 u/s 120B/420/511/467/471 IPC; RC/219/2011/E0008 u/s 120B/420/511/ 467/471 IPC; RC/219/2011/E0009 u/s 120B/420/511/467/471 IPC and RC/219/2011/E0010 u/s 120B/420/511/467/471 IPC. Besides these 6 cases the Petitioner was also involved in one FIR No. 151/2005 dated 26th May, 2005 PS Hasan Ganj, Lucknow wherein the charge-sheet was filed on 26th April, 2006 and the cognizance was taken by the Court of competent jurisdiction on 23rd May, 2006. The CBI did not invoke MCOCA against the Petitioner in RC/219/2011/E0005 and RC/219/2011/E0006 however on filing of a charge- sheet in RC/219/2011/E0005 and RC/219/2011/E0006 and cognizance taken thereon on 3rd September, 2011 and 1st September, 2011 respectively, the CBI on the basis of these two charge-sheets and the charge-sheet filed in FIR No. 151/2005 by Lucknow Police invoked MCOCA in RC/219/2011/E0007, RC/219/2011/E0008, RC/219/2011/E0009 & RC/219/2011/E0010. Thus it would be seen that on the basis of the same three charge-sheets MCOCA has been invoked 4 times in 4 different cases. On a query being put to the learned counsel for the CBI that on the same set of charge-sheet whether MCOCA can be invoked 4 times, learned counsel could neither show any provision nor place any precedent on record.