Rajasthan High Court - Jaipur
Ritu D/O Shri Subhash Chand W/O Shri ... vs State Of Rajasthan on 7 July, 2022
Bench: Manindra Mohan Shrivastava, Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Civil (PIL) Writ Petition No. 2487/2022
Akhil Bhartiya Vidyarthi Parishad (ABVP)
----Petitioner
Versus
The State of Rajasthan & Others.
----Respondents
Connected With
1. D.B. Civil Writ Petition No. 11553/2021
2. D.B. Civil Writ Petition No. 11979/2021
3. D.B. Civil Writ Petition No. 2999/2022
4. D.B. Civil Writ Petition No. 3701/2022
5. D.B. Civil Writ Petition No. 4721/2022
6. D.B. Civil Writ Petition No. 5076/2022
7. D.B. Civil Writ Petition No. 5077/2022
8. D.B. Civil Writ Petition No. 5078/2022
9. D.B. Civil Writ Petition No. 5079/2022
10. D.B. Civil Writ Petition No. 7038/2022 For Petitioners : Mr. Aayush Mall Advocate.
Mr. Ram Pratap Saini Advocate with Mr. Aamir Khan Advocate and Mr. Girraj Rajoria Advocate.
Mr. Dinesh Kumar Garg Advocate.
Mr. Tanveer Ahamad Advocate with Ms. Sara Parveen Advocate.
Mr. Arvind Kumar Sharma Advocate.
For Respondents : Mr. M.S. Singhvi Advocate General assisted by Mr. Sheetanshu Sharma Advocate, Mr. Siddhanth Jain Advocate, Mr. Darsh Pareek Advocate and Mr. Pranav Bhansali Advocate.
Mr. Vigyan Shah Advocate with Mr. Akshit Gupta Advocate.
Mr. C.L. Saini Additional Advocate General with Ms. Srijana Shreshtha Advocate.
Mr. Rajesh Maharshi Additional Advocate General with Mr. Udit Sharma Advocate and Mr. Samee Khan Advocate.
Mr. Ashok Rathore, ADG-SOG and Mr. Himanshu Sharma (RPS) IO-SOG present in person.
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(2 of 4) [CW-2487/2022] HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order 07/07/2022 When these matters were taken up today, learned Advocate General apprised the Court regarding further investigation made in the matter of leakage of question paper, which is subject matter in D.B. Civil Writ Petition No. 2487/2022, 11553/2021 and 11979/2021.
In the memo dated 06.07.2022, which has been submitted before this Court by the Additional Director General of Police, SOG, Rajasthan, further investigation made in the cases with regard to involvement of persons appearing to be accused as also extracts of interrogation made in view of the observations made by this Court earlier on 26.05.2022 have been included. The papers of investigation, which have been filed before this Court uptill date, reveal that in the present cases, offences punishable under Sections 420 and 120-B IPC, 66B and 72 of Information Technology Act, 2000 and Sections 4, 5, 6 and 6A of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992 have been registered and 71 accused have been arrested. It is further detailed in the report updated as on date that charge sheet has been filed against 65 persons. Further, it is also stated that some of the accused have either been released on regular bail and some accused have been granted anticipatory bail in various court proceedings.
This Court earlier on 24.02.2022 passed a detailed order, though did not find that the petitioner in D.B. Civil (PIL) Writ Petition No. 2487/2022 has made out any case for (Downloaded on 25/07/2022 at 12:03:57 AM) (3 of 4) [CW-2487/2022] transferring the investigation to Central Bureau of Investigation (CBI), nevertheless, PIL has not been closed observing that the investigation must not only be fair but must also appear to be fully fair and free from any pulls or pressures.
Thereafter, these cases were listed on several dates and the status report of the investigation was placed before the Court, which was perused from time to time. The investigation, so far carried out and the material, which has been placed before us, we find that action has been taken against large number of persons and criminal cases have been instituted.
In addition to prayer relating to investigation and registration of offences, prayers have also been made in other connected writ petitions seeking cancellation of REET, Level-I Examination. In some of the connected petitions, decision to cancel REET, Level-II Examination has been challenged.
The status report, which has been filed today, shall be kept in sealed cover and the same shall form part of the record of the case.
At this stage, we are inclined to fix these matters for hearing without listing these matters further on the aspect of investigation, subject to production of any material before the Court on or before the next date of hearing of the matters.
Pleadings in some of the case are not complete, as reply has not been filed in D.B. Civil Writ Petition No. 2999/2022, 3701/2022 and 7038/2022.
Learned Advocate General would submit that the State would be adopting reply filed in D.B. Civil Writ Petition No. 3456/2022 in aforesaid writ petitions. (Downloaded on 25/07/2022 at 12:03:57 AM)
(4 of 4) [CW-2487/2022] It would be proper to hear D.B. Civil Writ Petition No. 3456/2022 analogously with the batch of present petitions as that writ petition also pertains to decision regarding cancellation of examination.
Let a copy of reply filed in D.B. Civil Writ Petition No. 3456/2022 be supplied to learned counsel for the petitioners in D.B. Civil Writ Petition No. 2999/2022, 3701/2022 and 7038/2022.
Further ten days time is granted to the respondents to file reply in D.B. Civil Writ Petition No. 5076/2022, 5077/2022, 5078/2022 and 5079/2022 positively.
Rejoinder, if any, may be filed from the side of the petitioners where it has not been done on or before 22.07.2022 so that the pleadings in the present cases are complete.
List these petitions for final hearing on 25.07.2022 along with D.B. Civil Writ Petition no. 3456/2022.
Presence of the police officers is exempted for the time being, unless otherwise ordered.
(ANOOP KUMAR DHAND),J (MANINDRA MOHAN SHRIVASTAVA),J MANOJ NARWANI /36-46 (Downloaded on 25/07/2022 at 12:03:57 AM) Powered by TCPDF (www.tcpdf.org)