Allahabad High Court
Shyam Sunder Keserwani vs State Of U.P. on 28 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:151333 HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 4213 of 1998 Court No. - 79 HON'BLE AVNISH SAXENA, J.
1. Sri Anil Tiwari, learned Senior Advocate assisted by Sri Mohd. Khalid, appeared for the applicant and submits that the applicant is examinee of ITI examination being conducted by 'Vyavasayik Pareeksha Parishad, Uttar Pradesh, Lucknow' at Hamidia Girl Inter College, Allahabad. The answer-sheet was found missing while answer-sheets being calculated. The examination was being conducted from 9.00 a.m to 11.00 a.m. The Examination Incharge had lodged the F.I.R. of the incident at 12.19 p.m. on the same day for the offence under Section 406 I.P.C. stating therein that the applicant has sprinted away from the examination room along with answer-sheet. The attention of this Court is drawn towards the statement of Smt. Samim Fatima, who had made specific mention that while counting the answer-sheets one answer-sheet was found missing having Roll No.152166, which was of the applicant-Shyam Sunder Keserwani. Despite this statement, charge-sheet has been submitted against the accused-applicant on 31.05.1996 and cognizance was taken on 23rd July, 1996. The present application under Section 482 Cr.P.C. has been filed on being aggrieved when the trial court has rejected the discharge application on 07.09.1998. It is further contended by learned Senior Counsel that presently the applicant has retired from another job. He further submits that on the basis of material placed on record the offence under Section 406 I.P.C. is not attracted, which has not been taken into consideration by the trial court while rejecting the discharge application.
2. Learned A.G.A. for the State submits that the allegation against the accused-applicant is of giving examination and taking away the answer-sheet from the examination centre, which is considered by the trial court while considering the application for discharge and rightly rejected the application for discharge.
3. This Court has taken into consideration rival submissions made by the parties and perused the record.
4. The matter pertains to criminal breach of trust provided under Section 405 I.P.C. The provision deals with entrustment with property and its dishonest misappropriation.
5. The F.I.R. has been registered by the authority through the Examination Incharge against the accused-applicant specifically stating therein that the accused-applicant has sprinted away with answer-sheet, without returning the same to the examiner, whereas in the statement of Smt. Samim Fatima, the examiner that while counting the answer-sheets it was found that one of the answer-sheets was missing. This shows that the answer-sheet is found missing at a some later time when it was counted. There is marked improvement in the statement of the witness, which cannot be brushed aside and skipped the attention of trial court while rejecting the discharge application. It also cannot be out of sight that the misappropriation of answer-sheet cannot be attributed on accused-applicant.
6. The trial is stayed since long.
7. This Court does not find it plausible and justifiable to direct the trial court to reconsider the application for discharge, as such, the same is being decided in this application moved under Section 482 Cr.P.C.
8. Considering the allegation made against the accused-applicant of sprinting away with answer-sheet with time specific incident, the material and statements collected during investigation do not satisfy the ingredients of Section 405 I.P.C. Therefore, this Court is of the view that the charge-sheet and all consequential proceedings of this case is liable to be quashed.
9. In view of above, this application under Section 482 Cr.P.C. is allowed. The entire proceedings of Criminal Case No.2324 of 1997, including the charge-sheet submitted in Case Crime No.327 of 1996 under Section 406 I.P.C., Police Station Shahganj, District Allahabad and the order dated 07.09.1998 passed by IIIrd Additional Chief Judicial Magistrate, Allahabad are quashed.
10. Let a copy of this order be communicated to the trial court concerned forthwith for necessary information and compliance.
August 28, 2025 MN/-