Allahabad High Court
Rakesh Kumar Bhartiya vs State Of U.P. And 3 Others on 2 August, 2023
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:154946-DB Court No. - 67 Case :- CRIMINAL MISC. WRIT PETITION No. - 11977 of 2023 Petitioner :- Rakesh Kumar Bhartiya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shaheen Ansari,Ajay Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Rahul Chaturvedi,J.
Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard Sri Tiwari Abhishek Raje, learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
By means of the present writ petition under Article 226 of the Constitution of India, the petitioner is assailing the legality and validity of the FIR dated 27.06.2023 registered as Case Crime No.0546 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C. and 6/10 of U.P. Public Examination Act, 1988, Police Station Chakeri, District Kanpur East, Commissionerate, Kanpur Nagar.
Learned counsel for the petitioner submits that as per the F.I.R., the petitioner has appeared in the examination of Combined Gram Panchayat Adhikari/Gram Vikas Adhikari/Samaj Kalyan Paryavekshak Competitive Examination-2018 and due to mismatch of photographs affixed in Admit Card and Aadhar Card, the examination center provisionally admitted the petitioner but the UPSSSC found the doubtful photographs of the petitioner, therefore, the present F.I.R. has been lodged against the petitioner.
We have perused the Admit Card and affidavit filed by petitioner Rakesh Kumar Bhartiya annexed with the present writ petition. By naked eye, it is crystal clear that the there is deviation in the photographs affixed in the admit card and the affidavit filed by the petitioner. We do not find any good reason to quash the F.I.R. in exercise of powers under Article 226 of the Constitution of India.
Accordingly, the prayer for quashing the FIR is declined and refused.
However, it is open for the petitioner, if so advised, he shall move proper anticipatory bail application before the appropriate forum, within ten days from today which shall be decided in accordance with law.
It is also made clear that the Court is not expressing any opinion on the merits of the case. The court concerned is expected to apply its robust and judicial discretion in deciding the anticipatory bail application as early as possible.
With the above observation, the writ petition is disposed of.
Order Date :- 2.8.2023 Rmk.