Rajasthan High Court - Jaipur
Sonu Kundalwal S/O Sanwar Mal vs State Of Rajasthan on 19 September, 2022
Author: Birendra Kumar
Bench: Birendra Kumar
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 223/2022
1. Sonu Kundalwal S/o Sanwar Mal, Aged About 27 Years,
R/o Village Gurara Thesil Khandela, Sikar 332721
2. Vishvendra Singh S/o Balveer Singh, Aged About 30
Years, R/o Village Post Pali Thesil Weir, Bharatpur 321601
3. Ghamandi Meena S/o Ratan Lal Meena, Aged About 31
Years, R/o Vill. Rajpura, Dausa, Rajasthan 303503
4. Umesh Kumar Yadav S/o Prem Prakash Yadav, Aged
About 31 Years, R/o Jamalpur Khutabpura Alwar 301702
5. Pramod Sharma S/o Dwarka Prasad Sharma, Aged About
29 Years, R/o Near Tegore School, Ward No. 6 Rawatsar,
Hanumangarh, 335524
6. Suneeta Kumar W/o Yash Veer, Raina, Bharatpur 321602
7. Devika Sharma D/o Kailash Chandra Sharma W/o Akash
Jaiman, House No. 266/302, Sector 26, Pratap Nagar
Sector 11, Sanganer, Jaipur 302033
8. Sanju Kumari D/o Balbeer Singh W/o Subhash Fogawat,
Tasar Chhoti, Tasar Bari, Tatanwa, Sikar 332042
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. The State Of Rajasthan Through Its Secretary,
Department Of Education, Secretariat, Jaipur.
3. The Board Of Secondary Education, Rajasthan, Through
Its Chairman, Police Station Line, Ajmer, Rajasthan.
4. The Department Of Home Affairs, Government Of
Rajasthan, Through Its Secretary, Secretary, Jaipur.
5. Central Bureau Of Investigation, 1, Tilak Marg, C Scheme,
Jaipur.
----Respondents
For Petitioner(s) : Mr. Yellop Singh
For Respondent(s) : Mr. GS Rathore, Special PP (CBI)
HON'BLE MR. JUSTICE BIRENDRA KUMAR
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Order
19/09/2022
Petitioners have sought for transfer of FIR No.402/2021 registered at Police Station Gangapur City, District Sawai Madhopur for offence under Sections 420 and 120-B IPC read with Sections 4 and 6 of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992 to the CBI. The FIR reveals the incident of leakage of question paper before the examination of REET (Rajasthan Eligibility Examination for Teachers-2021).
Learned State counsel submits that same prayer for transfer of the investigation to the CBI made in D.B. Civil (PIL) Writ Petition No.2487/2022 by Akhil Bhartiya Vidyarthi Parishad (ABVP) Vs. The State of Rajasthan & Ors. was turned down vide order dated 24.02.2022. However, the matter for fair investigation is still under consideration before the Division Bench.
Considering the facts aforesaid, no further order is needed after order of the Division Bench, which was passed after considering the parameters for consideration of transfer of a case for investigation to the CBI as held by the Constitution Bench of the Hon'ble Supreme Court in the case of State of West Bengal and Ors. Vs. Committee for Protection of Democratic Rights, West Bengal & Ors., reported in (2010) 3 SCC 571.
This petition stands dismissed.
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