STATE Vs. HAZARI LAL KHANNA

JUDGEMENT

(1.) The present petition under Section 482 Criminal Procedure Code . is directed against the judgment of Shri B.S. Chaudhary, Additional Sessions Judge, Delhi and Shri Balbir Singh, Metropolitan Magistrate, Delhi. The learned magistrate vide his judgment dated 1st August, 1983 discharged the respondent Shri Hazari Lal Khanna. The petitioner went in revision which was dismissed on 12th June, 1984 by the learned Additional Sessions Judge, Delhi. The contention of the petitioner is that it is a case of framing of charge against the petitioner and that the order of discharge is bad.

(2.) The respondent Hazari Lal Khanna was working as Vice Principal of N.C.Jindal Public School in the vear 1982. All India Senior School Certificate Examination was going on in the month of March 1982. That examination is conducted by Central Board of Secondary Examination. As Vice Principal the respondent was in custody of sealed packets of question papers. The examination started on 5th March 1982 and went on till 23rd March 1982. The case relates to leakage of some question papers, with the result that in respect of some papers out of those leaked papers re-examination was held.

(3.) The case started on account of leakage of some papers. The first report in this respect was relating to leakage of papers of Chemistry fixed for 16th March 1982. First information report was lodged on the suspected leakage of that paper at the examination centre of Sardar Patel Vidyalaya, Lodi Road, New Delhi, Thereafter there were other reports also from the functionaries of Central Board of Secondary Examination. The Investigation started and one Pan Singh peon and the respondent were proceeded against by the police.