Extract
National Insurance Company Ltd. VS. Annappa Irappa Nesaria & Ors.
The Judgement Information System CASE NO.: Appeal (crl.) 968 of 2008PETITIONER: Dr. Monica Kumar & Anr.RESPONDENT: State of U. P. & Ors.DATE OF JUDGMENT: 27/05/2008BENCH: S. B. Sinha & Lokeshwar Singh Panta JUDGMENT: J U D G M E N T[Arising out of S.L.P. (Crl.) No.5593 of 2006]REPORTABLE Lokeshwar Singh Panta, J.1. Leave granted.2. 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. 7792 of 2006 and 7791 of 2006 filed by the appellants under Section 482 of the Code of Criminal Procedure [for short Cr.P.C.] in Case Crime No. 412 of 2005 under Sections 452, 323, 504, 506 and 427of the Indian Penal Code [for short the IPC] and in 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].3. 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.4. 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. Both the appellants were born in California and completed their schooling in USA. They decided to get admission in MBBS course 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. 75,000 and Rs. 45,000 and security deposits for one year. That apart, the College took a loan of Rs. 25 lakhs on interest @ 11.5% p.a. from the father of the appellants and its payment was assured by a handwritten slip. 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, P...
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