Delhi District Court
Deepak Kumar Pankaj vs Yash Open School on 17 January, 2019
IN THE COURT OF SH. SANJAY BANSAL:
SPECIAL JUDGE (NDPS) / ASJ / NORTH EAST:
KARKARDOOMA COURTS: SHAHDARA: DELHI.
Criminal Revision No. 01/2019
CNR No. DLNE01-000074-2019
DEEPAK KUMAR PANKAJ
S/o Upendra Prasad Singh
R/o 31/21, Netajee Gali No. 1,
Near Swami Vivekanand School,
Moujpur, East Delhi-110053.
....... Revisionist / Petitioner
Vs.
1. YASH OPEN SCHOOL
Through its Principal
At B-2/37A, Yamuna Vihar,
Delhi-110053.
2. SH. PAWAN SIR,
Principal / Executive of Yash Open School
At B-2/37A, Yamuna Vihar,
Delhi-110053.
3. NATIONAL INSTITUTE OF OPEN SCHOOL (NIOS)
Through its Chairman
At 4-B, Central Warehousing Coporation,
G.T. Road, Rana Pratap Bagh,
New Delhi - 110033.
4. PROFESSOR C.B. SHARMA
Chairman of NIOS
At 4-B, Central Warehousing Coporation,
G.T. Road, Rana Pratap Bagh,
New Delhi - 110033.
5. SH. S.K. MISHRA
Regional Director, Regional Centre, Delhi-I
At A-31, Institutional Area,
NH-24, Sector-62, Noida,
Distt. Gautam Budh Nagar,
U.P. - 201309.
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6. SH. S.C. Dharuman
Director/Secretary,
At A-31, Sector-62, Noida,
Distt. Gautam Budh Nagar,
UP 201309.
..... Respondents
Date of Institution : 08.01.2019
Order Reserved on : 17.01.2019
Date of Order : 17.01.2019
93
9
CC No. : 274/18
PS : Bhajan Pura
U/s : 200 CrPC
ORDER :
1. This petition is directed against order dated 06.12.2018 passed by Ms. Aditi Garg, learned MM vide which application u/s 156 (3) CrPC of the petitioner was dismissed and matter was listed for pre-summoning evidence.
2. Petitioner had filed a complaint case u/s 200 CrPC. He had also filed an application u/s 156 (3) CrPC. Case of the petitioner is that his son Ratna Gourav was admitted to National Institute of Open School (NIOS) through Yash Open School for 10th class. All the fees were paid. School Leaving Certificate (SLC) was also deposited. Later on, however, respondent no. 1 i.e. Yash Open School allegedly demanded some more money which petitioner refused to pay. It is alleged that to take revenge of the said episode, incorrect particulars of son of petitioner were filled in and an incorrect record was prepared. Father's name was incorrectly mentioned as Deepak Kumar Pankal in place of Deepak Kumar Pankaj and date of birth was mentioned as 28.12.2000 in place of 28.12.2002. Crl. Rev. No. 01/2019 Deepak Kumar Pankaj vs. Yash Open School & Ors. Page 2 of 4 When petitioner approached NIOS for correction of these mistakes, it was informed to him that these details were filled in on the basis of SLC provided to them. Petitioner sought investigation in the matter alleging offences u/s 166/167/218/420/468/471/120-B/107/34 IPC as well as offences under offences of Prevention of Corruption, 1988.
3. Learned MM called for Action Taken Report from the concerned police station. As per report, the dispute was of civil nature as it pertained to correction of admission particulars.
4. I have heard petitioner in person who is an Advocate.
5. Vide impugned order, learned MM dismissed the application u/s 156 (3) CrPC holding that all the material was in possession of petitioner/complainant. She further observed that all the documents were in his possession and there was no requirement of any police investigation.
6. Petitioner submits that police investigation is required as it is to be found out as to who prepared the wrong SLC and who were behind it. He submitted that investigation of police is required to unearth the forgery as well.
7. There is a copy of SLC purportedly provided to NIOS. The same has been issued by Directorate of Education, Govt. of NCT of Delhi. The whole controversy revolves around this SLC. In the said SLC, date of birth is mentioned as 28.12.2000 and father's name is mentioned as Deepak Kumar Pankal. Crl. Rev. No. 01/2019 Deepak Kumar Pankaj vs. Yash Open School & Ors. Page 3 of 4 Therefore, if the SLC exists in the record of Directorate of Education, NIOS cannot be faulted with. This SLC can be got verified during pre-summoning evidence stage.
8. The petitioner submitted that the said SLC was incorrect. If this is the case, petitioner could provide the correct SLC but he has not done so. There is no explanation for the same.
9. Further, learned MM can resort to enquiry u/s 202 CrPC also. Therefore, as on date, there appears to be no requirement of any investigation by the police. The impugned order is found to be perfectly valid. There is no merit in the present petition. Same is hereby dismissed.
10. A copy of this order be placed in the TCR and same be sent to court concerned immediately.
11. Revision file be consigned to Record Room.
Announced in the open court SANJAY Digitally signed by SANJAY BANSAL Location: Karkardooma Court on 17th day of January, 2019. BANSAL Date: 2019.01.18 11:58:23 +0530 (SANJAY BANSAL) Special Judge (NDPS) / ASJ / NE / KKD Courts / Delhi.
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