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Accused prof allowed to pursue PhD abroad
Unless the concerned court takes cognisance of an offence based on the charge sheet and the investigation against the accused is completed, it cannot be construed that the proceedings are pending before the court, observed the Madras High Court while allowing an assistant professor of Anna University to travel to Sweden to pursue her PhD despite a criminal case pending against her.
Chennai
Holding that the case against assistant professor CN Pratheeba was only in the FIR stage and that she was neither called for any inquiry nor suspended and no explanation was sought by issuing her with a show cause notice, Justice AD Jagadish Chandira said, “Taking into consideration the peculiar facts and circumstances of this case, the plight and future of a research scholar who has come up in her life, and also considering her undertaking, this court is inclined to allow her to pursue her Ph.D. studies from May 2019 to December 2023.”
As per the case, an FIR was registered on July 31, 2018, arraying Pratheeba as seventh accused charging her of committing the offences of criminal conspiracy, framing incorrect documents with intent to cause injury, causing disappearance of evidence, cheating, forgery, using as genuine a forged document and criminal misconduct.
Her counsel argued that she was falsely implicated due to which she was unable to proceed with her education abroad. It was submitted that though the City Special Unit of the Directorate of Vigilance and Anti-Corruption has not filed the final report and the court concerned yet to take cognisance of the issue, she was prepared to cooperate with the investigation through email and ensure her presence on summons being served on her in the event of final report being filed.
Appearing for DVAC, the Additional Public Prosecutor argued strongly against granting the permission stating that the petitioner had entered into a criminal conspiracy with the main accused and that prima facie materials were available against her for having committed the grave crime of forgery and fabrication of records in entering into a criminal conspiracy and having actively assisted and aided the other accused.
However, Justice Jagdish Chandira granted permission after imposing certain conditions. But the judge clarified that the order was passed only taking into consideration the peculiar circumstances of this case and added that it cannot be used for reliance in any other case.
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