Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5575 of 2019 Petitioner :- Ahmad Shaheel Alam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Parvez Iqbal Ansari,Amit Daga Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Amit Dagar for the petitioner and the AGA for the State.
This writ petition has been filed to quash the FIR dated16.2.2019 registered as Case Crime No. 29 of 2019, under Sections 4, 5, 7, 10 and 11 of UP Public Examinations (Prevention of Unfair Means) Act 1998 and Section 419, 420, 467, 468, 471 IPC, P.S. Kotwali, Distt. Ballia.
In substance in the FIR, the allegation has been made that on 16.2.2019 a raid was made then out side of examination centre i.e. Mohammad Munir Muslim Inter Collage, Hathaudi, two persons namely Digvijay Yadav and Rajvijay Yadav were arrested along with question papers as well as copies on which they were solving the questions. They informed that they were solving these questions for the benefit of Abu Bakar Shahil son of the Manager namely Ahmad Shaheel Alam and Mohd. Atif, the relative of the Manager.
Counsel for the petitioner submits that so far as board examination of High School and Intermediate Educations are concerned, now the Government of UP has issued a Circular dated 29.1.2019 in which District Magistrate has been directed to appoint Sector Magistrate for every examination centre and entire responsibility of the examination centre has been fixed upon Sector Magistrate for holding fair examination. So far as Manager is concerned, the Manager is not responsible of any unfair means used at the examination centre. He further submits that at this stage only preparation for replacement of copy was being made out side of the premises of examination centre. Therefore, no offence has been committed by the petitioner. In any case, the petitioner is not responsible for the act.
We have considered the arguments of the counsel for the petitioner.
By the Circular dated 29.1.2019, only a system relating to supervision of examination has been provided. However the basic system for holding examination is still continuing which is under control of Committee of Management of School as well as staff of Committee of Management. In the present case, the examination paper has been sent out side from the premises of examination centre and therefore at this stage, it cannot be said that involvement of the petitioner was not there. Therefore, the FIR discloses the cognizable offence and it cannot be quashed.
However, it is observed that in case the the petitioner surrenders before the court below and applies for bail, then same shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 and affirmed by Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC). For a period of 30 days from today, no coercive action shall be taken against the petitioner.
It is made clear that no further time shall be allowed to the petitioners to surrender before the Court below.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 28.2.2019 Rahul Dwivedi/-