JAGPAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is repeat application under Section 439 Code of Criminal Procedure, 1973. Earlier M.Cr.C.No.40037/2018 was dismissed as withdrawn.

(2.) The applicant is tried for the offence punishable under sections 420, 467, 468, 471, 120-B of IPC, Section 3(1)(2)/4 of Madhya Pradesh Recognized Examination Act, 1937.

(3.) The role ascribed to the applicant is that of impersonating coaccused Dushyant Singh Bhadouria a selectee in PMT-2010 conducted by VYAPAM. The facts of the case reveal that a case was registered at Police Station Jhansi Road Gwalior on 15.05.2015 under Sections 120B, 419, 420, 467, 468 and 471 IPC against Dushyant Singh Bhadouria, for his fraudulent selection in PMT (Pre Medical Test)-2010 conducted by VYAPAM. During investigation two more accused viz., Satendra Singh Bhadouria, S/o Bhikam Singh Bhadouria (father of the accused Dushyant Singh) and Omkar S/o Veerpal Singh Gujjar surfaced. Further section 417 IPC and section 3(d)(1)(2)/4 of 1937 Act were added. The co-accused Dushyant Singh Bhadouria in his memorandum under Section 27 Evidence Act disclosed the fact that Omkar Gujjar had arranged for solver to appear on his behalf in PMT-2010 in return of Rupees Five Lacs, which was allegedly arranged by Satendra Singh. Against Dushyant Singh Bhadouria, the CBI filed the charge-sheet in July 2016 on the basis of negative forensic opinion on hand writing.