Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 16949 of 2019 Petitioner :- Jitendra Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Azhar Hussain Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J. Hon'ble Anil Kumar-IX,J.
Heard Sri Azhar Hussain, learned counsel for the petitioner and Sri D. K. Singh, learned A.G.A. for the State and perused the record.
This petition has been filed for challenging the impugned F.I.R. dated 28.01.2019 giving rise to the Case Crime No. 0075 of 2019, under Sections 120-B, 420, 467, 468, 471 I.P.C., 10 and 6 of U.P. Public Examination Act, 1998, P.S. Sadar Bazar, District- Agra.
The allegations against the petitioner is that another person attempted to appear for him as an imposter in the U.P. Police Recruitment Examination, 2018 held on 28.01.2019 by falsification of documents, such as using the photograph on the admit card. Learned counsel for the petitioner submits at the Bar that the man who appeared in the examination and actually misused his photographs has been granted bail. There is no material to that effect on record.
Looking to the said allegations in the F.I.R., we do not find it a fit case to quash the impugned F.I.R. Accordingly, the prayer for quashing the impugned F.I.R. refused.
However, it is provided that in case petitioner appears and surrenders before the Court below within 45 days from today and applies for bail, his prayer for bail 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 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today, or till petitioner surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against petitioner. However, in case, petitioner does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
In view of the above orders, the writ petition is disposed of.
Order Date :- 20.6.2019/ V.S.Singh