B P SINGH Vs. STATE

JUDGEMENT

(1.) THIS petition under article 226 of the Constitution of India read with Section 482 of the Code of Criminal procedure, 1973 ('cr. P. C. ') seeks the quashing of FIR No, 332 of 2005 registered at Police Station Farsh Bazar under Sections 306/ 34 IPC and all proceedings consequent thereto.

(2.) DURING the pendency of the present petition, the Respondent No. 1 State filed a charge sheet and cognizance was taken of the offence under Sections 306/34 IPC on 11th May 2007 by the learned Metropolitan Magistrate (1mm') Delhi. The case has been since committed to the Court of the learned Additional Sessions Judge. The petitioners filed an application Criminal MA nos. 13015-17 of 2007 on 14th November 2007 seeking to amend the writ petition to incorporate the subsequent developments. The said application was allowed by an order dated 20th November 2007 and the writ petition was permitted to be amended. Therefore, further prayer in this petition is for quashing of the charge sheet as well.

(3.) THE Petitioner No. 1 Dr. B. P. Singh is the Director of Amity School of Engineering and Technology CASED and Petitioner no. 2 V. V. Krishna Sastry is a Lecturer in aset. The deceased Harsh Khatri enrolled as a student at ASET in Mechanics and Automation Engineering ('mat') course in 2003. In the first semester exam he scored 77. 1% marks. Thereafter the second semester exams were held in May-June 2004. Harsh Khatri attended all the papers and his roll number was 0671043103. The results announced for the said exams some time in September/october 2004 showed harsh Khatri marked absent in the Communication Skills- II paper for which he was awarded '0' marks. This came as a great shock to Harsh, particularly since Rohit sachdeva who was the immediate previous roll number (0671043103), had despite remaining absent, been shown present and awarded 66% marks.