NAVAL DEY BHARTI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Nipun Singh and Sri Upendra Kumar Verma, learned counsel for the applicant, Sri N.D.Rai, learned Additional Government Advocate for opposite party nos. 1 & 3 and Sri R.K.Ojha, learned Senior Advocate assisted by Sri Satish Chaturvedi, learned counsel appearing for the opposite party no.2 and perused the record with the assistance of learned counsel for the parties.

(2.) This application under Section 482 Cr.P.C. has been preferred by the applicant (Naval Dey Bharti) with a prayer to quash the charge-sheet dated 29.01.2017 arising out of Case Crime No.337 of 2016, summoning order dated 14.06.2017 as well as proceedings of Case No.396 of 2017 (State vs. Naval Dey Bharti), under Section 3/10 Examination Act, 1982, Police Station-Kydganj, District Allahabad, pending in the Court of Judicial Magistrate-I, Allahabad.

(3.) Filtering out unnecessary details, brief facts of the case as emerges on record are that on written report of opposite party no.2 (Ram Nayan Dwivedi, the Principal of K.N. Katju Inter College, Kydganj, Allahabad), FIR was registered on 21.09.2016 as Case Crime No.0337 of 2016, under section 3/10 Examination Act, 1982 against the applicant at Police Station- Kydganj, District- Allahabad. In the said FIR allegation has been levelled against the applicant that on 21.09.2016, the applicant appeared in Combined State/Upper Subordinate Services Main Examination, 2016 conducted in second shift between 2.00 p.m. to 5.00 p.m. in Room No.5 of K.N.Katju Inter College, Allahabad. On completion of examination she did not submit her answer sheet to the invigilators, instead left the examination room alongwith her answer sheet of essay. Such information was given by the assistant teachers namely Ashok Kumar Tiwari and Sapna Mazumdar, who were on duty as invigilators in Room No.5 to the Principal Satyendra Tripathi (Statics Magistrate) and representatives of the Commission. On the aforesaid information, immediately the main gate of the school was closed with the help of police personnel posted there. Thereafter efforts were made to trace the applicant but she had gone out of the gate by that time.