Allahabad High Court
Sahban Ahmad @ Mohd. Shaban Ahmad vs State Of U.P. And Another on 6 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 88 Case :- APPLICATION U/S 482 No. - 39538 of 2022 Applicant :- Sahban Ahmad @ Mohd. Shaban Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Kumar Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application U/s 482 Cr.P.C. has been filed to quash the charge-sheet dated 28.9.2022 as well as cognizance order dated 29.9.2022 and entire proceeding of Criminal Case No. 1911 of 2022 (State Vs. Sahban and others) arising out of Case Crime No. 232 of 2022, under sections 420, 120B IPC and 3, 9, 11, 7, 10 of U.P. Public Examination Act, P.S. Kareli, District Allahabad.
The O.P. No. 2 lodged an FIR alleging therein that he was posted as a Static Magistrate in Chetana Girls' Inter College where main examination of 2021 of Lekhpal was going on. When examination was over he received information that in class no. 12 two lady examinees are fighting with each other and one is saying that examinee Ritu Singh has used unfair means with the help of room invigilator. She also made allegations against the college management and staff. After looking into CCTV footage of class room no. 12 it was found that one unknown person was regularly coming in the class room and was standing in front of Ritu Singh and helping her in cheating. Inquiry was made by the Principal Shabnam Parveen. She told that it was the responsibility of Giriraj Gupta to allot duty. Giriraj Gupta informed that at the behest of Manager Sahban Ahmad and his brother Kasan Ahmad the duty of Mahaveer and some outsiders was fixed and with the collusion of aforesaid persons the unfairmeans was used and cheating was done by Ritu Singh. After investigation charge-sheet has been submitted.
It is contended by the learned counsel for the applicant that from perusal of the FIR it is clear that only on the basis of statement of Giriraj Gupta the name of applicant has surfaced. The confessional statement of co-accused Giriraj before the police has no sanctity. The examination was conducted by M/s. E.D.U. Test Solutions Pvt. Ltd. and applicant was not concerned or participated in any manner in the examination. The Investigating Officer has recorded the statement of Sandeep Yadav and Smt. Ikra Latif and also confessional statement of applicant. The I.O. has colluded with the staff of M/s E.D.U. Test Solutions Pvt. Ltd. and has not conducted the investigation in a fair and impartial manner. He has submitted charge-sheet after recording statement of other witnesses. The learned Magistrate has taken cognizance on it. It is further conducted that from the perusal of the entire material collected by the I.O. no offence is made out against the applicant. The learned Magistrate has illegally summoned the applicant.
Learned A.G.A. opposing the prayer submitted that on the basis of credible evidence charge-sheet has been submitted, and cognizance has been taken on it.
The contents of the FIR discloses a cognizable offence. The complicity of the accused is mentioned in it. I.O. on the basis of evidence collected during course of investigation has submitted charge-sheet. Finding that there is sufficient material on record the learned Magistrate has taken cognizance on it. It is settled principle of law that at this stage only prima facie case is to be seen. There is nothing on record to demonstrate that proceeding is an abuse of process of court or law. There is no sufficient ground to quash the charge-sheet or summoning order. It also appears that applicant is on bail. So he will have an opportunity to assail the arguments before the trial court at the time of framing of charge that no offence is made out against him and trial court may consider it and pass appropriate order on it.
With the aforesaid observations, the application U/s 482 Cr.P.C. is disposed of.
Order Date :- 6.12.2022 Masarrat