DAUD SAGAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner, who is an accused in G. R. Case No. 2116 of 1996 in the Court of S. D. J. M., Bolangir for the offence alleged under Sections 120-B/468/420/34, I. P. C. read with Section 9 of the Orissa Conduct of Examinations Act, 1988, has preferred this application under S. 482 of the Code of Criminal Procedure, 1973 (in short, 'the Code') with the prayer to quash the order of cognizance on the ground of non-existence of a prima facie case against the petitioner.

(2.) Petitioner was the Chief Examiner of 2nd Paper English subject at Bolangir Centre in the Annual Higher Secondary Examination (+2 Examination) of 1996. The two other co-accused persons were respectively the Examiner and the Scrutinizer. The F. I. R. lodged by the Controller of Examinations, Council of Higher Secondary Education, Orissa, is with the allegations that by their conduct the petitioner and the co-accused persons have exhibited their mischief mind of improper valuations and for that purpose they hatched a criminal conspiracy and committed the aforesaid offences. After completion of investigation, charge sheet has been filed for the said offences and learned S. D. J. M., Bolangir on 14-5-2000 took cognizance of the said offences. It may be noted that, after being arrested on 2-7-1996, petitioner was released on bail as per the order of the Sessions Judge, Bolangir on 13-8-1996. After submission of charge sheet though notice was issued, yet the accused persons entered their appearance in the Court below on 18-11-2000.

(3.) Another relevant fact stated by the petitioner is that because of the resentment of the affected students and number of Public Interest Litigations filed in the High Court, O. J. C. No. 5116 of 1996 was registered and Justice v. Gopalaswamy, a former Judge of Orissa High Court, was requested to inquire into the allegations and to submit his report. Petitioner has stated that, order dated 17-11-1999 in O. J. C. No. 5116 of 1996 clearly goes to show that during such inquiry Justice Gopalaswamy did not find any act of mischief or conspiracy with the accused persons including the petitioner and he reported that the lapses were due to the negligence because of the circumstance which was beyond the control of the accused persons.The said order of this Court has been filed by the petitioner as Annexure-2.