Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 5048 of 2018 Petitioner :- Ram Awadh Singh Yadav And Another Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Virendra Singh Counsel for Respondent :- G.A.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Rajeev Misra,J.
Heard Sri Amit Saxena, learned counsel for the petitioners and the learned A.G.A. for the respondent Nos. 1, 2 and 3.
We have gone through the contents of the F.I.R. dated 18.2.2018, arising out of Case Crime No. 29 of 2018, under sections 307, 34, 120-B IPC, section 7 and 11 of the Prevention of Corruption Act, Sections 3, 25, 27 Arms Act, Sections 4, 5, 6, 7, 8 10 of U.P. Public Examination Act, 1998, and sections 3, 9, 11 of U.P. Public Examination Prevention of Unfair Means Act, Police Station Baluwa, District Chandauli.
The allegations against the petitioner No. 1 the Centre Superintendent is that he allowed the utilization of his licensed rifle at the time of incident which had been kept by him for the alleged safety of the premises, which is nearby the school, where the alleged unfair means was being attempted in the High School and Intermediate Examinations. The petitioner No. 2 is the Manager of the same school who has been named in the F.I.R.
It is also the allegation in the F.I.R. that more than Rs. 14 lakhs has been recovered. There are other allegations as well. At this stage, it cannot be said that there is no involvement of the petitioners in the case so as to quash the F.I.R. which discloses the commission of certain offences and in such circumstances, we are not inclined to interfere with the same without being prejudiced to the rights of the petitioners to apply for bail and in case the petitioners apply for bail, the same shall be decided expeditiously in accordance with law.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 28.2.2018 HSM