Laxman Kumar S/o Shri Ramjeevan v. State of Rajasthan
2022-05-12
DINESH MEHTA
body2022
DigiLaw.ai
ORDER : 1. By way of the present petition filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) the petitioner has approached this court with grievance that pursuant to FIR (bearing No. 314/2021) lodged against one Suresh Kumar, the Investigating Officer is investigating and harassing the petitioner, inter-alia, alleging that Suresh Kumar and petitioner with intention to commit impersonation, have got the REET Examination forms filled in such a manner that on the form submitted by Suresh Kumar, petitioner's photograph was affixed. 2. In response to the allegation of impersonation, learned counsel for the petitioner clarified that Suresh Kumar who hails from the same village, as the petitioner, filled his application form from the same E-Mitra of the village and inadvertently, in his application form he affixed photograph of the petitioner. 3. Thereafter, said Suresh Kumar carried out an online application correction and affixed correct photo on his application form which was duly changed and the admit card which was earlier issued to Suresh Kumar with photograph of the petitioner (Laxman Kumar), was corrected and photograph of Suresh Kumar was affixed on the newly issued admit card to said Suresh Kumar. 4. Learned counsel argued that the FIR lodged against Suresh Kumar is based on misconstrued facts, since the improper admit card itself has been duly got corrected by Suresh Kumar himself from the REET authorities. 5. While submitting that no offence is committed even by Suresh Kumar, Mr. Ashok Upadhyay, learned counsel for the petitioner highlighted that so far as form filled by the present petitioner (Laxman Kumar) is concerned, the same indisputably, bears petitioner's own photograph and thus no offence can be said to have been committed by the petitioner. 6. It is also asserted that as a matter of fact, the petitioner so also Suresh Kumar appeared in the REET Examination with their own corrected admit cards and, therefore, it cannot be said to be a case of attempt to mislead, cheat or impersonate. 7. Mr. Gaurav Singh, learned Public Prosecutor on the other hand submitted that the Investigation is under way and the Investigating Officer had written a letter to the Coordinator, REET Examination, who vide his letters dated 28.02.2022 and 03.03.2022, has informed that the Board has not received any correction application submitted by Suresh Kumar or Laxman Kumar. 8.
7. Mr. Gaurav Singh, learned Public Prosecutor on the other hand submitted that the Investigation is under way and the Investigating Officer had written a letter to the Coordinator, REET Examination, who vide his letters dated 28.02.2022 and 03.03.2022, has informed that the Board has not received any correction application submitted by Suresh Kumar or Laxman Kumar. 8. Heard learned counsel for the parties and perused the case diary. 9. On perusal of the record this Court finds: (i) The petitioner (Laxman Kumar) submitted his online application form vide form No. 71967935 on 03.02.2021 vide transaction ID-21020387933285 at 16:58:22 with his own photograph. (ii) Suresh Kumar submitted his online application form vide form No. 71956626 on 03.02.2021 vide transaction ID-21020387928428 at 16:27:25 with photograph of Laxman (hereinafter referred to as “the first form”). (iii) Suresh Kumar filed another application form or ID No. 72367739 on 08.02.2021 vide transaction ID-21020488106510 at 19:27:27 with his own photograph (hereinafter referred to as “the second form”). 10. It is pertinent to note that after investigation, the Investigating Officer has found said Suresh Kumar to have committed offences under Section 419, 420, 465, 468 of the IPC and Section 3/6 of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992. 11. As a matter of fact, there are copies of two provisional admit cards issued to Suresh Kumar with the same Roll No. (221139081). The first one has been issued with respect to application ID No. 71956626 and 72367739 with photograph of Laxman, whereas the second admit card with reference to Application ID-72367739 alone with the same Roll No. (221139081) has been issued to Suresh with his own photograph. Except for the photographs and reference of application ID's both the admit cards are identical. Though it is not clear from the record that which one was issued earlier, but as the second one with the photograph of Suresh gives reference of only one application ID and the first one with photograph of Laxman gives reference of two application IDs (72367739 and 71956626), the petitioner's stand that Suresh Kumar got requisite correction in the photograph after the REET Coordinator published notice dated 20.09.2021 seems to be correct. 12. Vide letter dated 28.02.2022, written by the REET Coordinator it has been informed that no correction application has been filed for correction in the Form No. 72367739 of Suresh Kumar.
12. Vide letter dated 28.02.2022, written by the REET Coordinator it has been informed that no correction application has been filed for correction in the Form No. 72367739 of Suresh Kumar. It is to be noted that said form No. 72367739 bears correct photograph of Suresh Kumar. If any correction was needed or applied for, it would have been in relation to form No. 71956626 which had incorrect photograph. 13. Be that as it may. It is very difficult to believe that the petitioner would connive with Suresh Kumar in filling up forged (if any) application form to appear as a dummy candidate in his place (REET Level-I), when he himself had to appear in the same examination (REET-2021 Level-I and II). 14. Petitioner's involvement as an accomplice in this attempt is too far fetched, particularly when there is no connecting evidence and the CDR (call detail records) of both the candidates, hardly reveals anything. 15. It is noteworthy that the FIR in question has been registered against Suresh Kumar and not the petitioner. Moreover, it is not the case of the prosecution that petitioner has appeared in REET examination in place of Suresh Kumar. Hence, even if it is assumed that there was an attempt to mislead, it was by said Suresh Kumar, who intentionally or inadvertently affixed petitioner's photograph on his application form (No. 71956626 submitted on 03.02.2021). In the present factual background, petitioner cannot be said to have committed any offence even for conspiracy, particularly when it is not the case of the prosecution that either petitioner or said Suresh Kumar had appeared for the examination with wrong identity. 16. Having regard to the facts and circumstances of the case and considering that even said Suresh Kumar is said to have filed an application for correction of particulars in the application form submitted by him, this Court is of the considered view that the proceedings initiated against the present petitioner Laxman Kumar in connection with impugned FIR deserve to be quashed. 17.
17. Though the investigation is underway as informed by learned Public Prosecutor and something may be unearthed during further investigation, but considering the reasons aforesaid and the fact that the petitioner has been selected as a Computer Operator in other recruitment and the pendency of the present proceedings in connection with the impugned FIR would be unnecessary harassment to him and it may come in his way of getting appointment, because of the pending investigation of this FIR, the proceedings against the petitioner Laxman Kumar in connection with FIR No. 314/2021, P.S. Dhorimanna, District Barmer are hereby quashed. 18. Needless to observe that in case consequent to further investigation, if any overt act of the petitioner is revealed in the present case, the State will be free to move application for recalling of the present order. 19. The Misc. Petition as well as stay application stand disposed of.