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2020 DIGILAW 232 (MP)

Sanjay Dubey v. State of M. P.

2020-02-12

AJAY KUMAR MITTAL, VIJAY KUMAR SHUKLA

body2020
ORDER 1. The present revision is filed under section 401 of the Code of Criminal Procedure being aggrieved by the order dated 14.1.2019 passed by IV Additional Sessions Judge, Sagar in Sessions Trial No. 3900448/2016 whereby the trial Court has framed charges under sections 419, 420, 467, 468, 473 and 120B of the IPC and 3/4 of the Madhya Pradesh Recognized Examinations Act, 1937. 2. It is stated that as per prosecution case, the Police Station Padmakar Nagar, Sagar, District Sagar received a secret information that some outsiders from the State of Madhya Pradesh have come in Sagar to appear in the Madhya Pradesh Police Constable Recruitment Examination, 2016 in place of actual candidates and stayed in Hotel Jairam Palace, Makroniya. On the aforesaid information, it is alleged that the police has conducted a raid at hotel and found that the applicants were staying in Room Nos.106 and 111 and on interrogation, they informed that they have impersonated and appeared in place of one Major Singh, Panchlal and Awneesh Singh in the Madhya Pradesh Police Constable Recruitment Examination, 2016. From the custody of the applicants, forged Election Commission ID and PAN Cards were seized which were used in impersonation. 3. Learned counsel for the applicants urged that the charges have been framed without their being any evidence against them. He referred to the copy of FSL report to contend that as per the said report, thumb impression of the applicants were not found on the documents and therefore, no case is made out against them. 4. Learned counsel for the State supported the order framing charge and stated that there is prima facie case and material against the present applicants regarding impersonation of various candidates as the material comprising of forged and false Election Commission ID and PAN Cards which were used in the impersonation in the examination, were seized from their custody. 5. We have heard learned counsel for the parties, perused the record and gone through the impugned order and charges. We find that there is prima facie material against the present applicants regarding impersonation in the Madhya Pradesh Police Constable Recruitment Examination, 2016. These persons have come from outside the State and stayed in a hotel and the material was seized from their possession which indicates that the same was used for impersonation in the aforesaid Examination. We find that there is prima facie material against the present applicants regarding impersonation in the Madhya Pradesh Police Constable Recruitment Examination, 2016. These persons have come from outside the State and stayed in a hotel and the material was seized from their possession which indicates that the same was used for impersonation in the aforesaid Examination. At this stage, the FSL report cannot be appreciated, as the same would be the matter of evidence during the trial. 6. In view of the aforesaid, we do not find any illegality or perversity in the order framing charge and the charges framed against the present applicants. Accordingly, this revision application stands dismissed. 7. However, it would be open for the applicants to raise all the issues during the course of trial and it is expected that the trial Court shall make all endeavour to conclude the trial expeditiously.