TANZIL HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Paul, learned counsel appearing for the petitioner and Mr. B. Gogoi, learned Addl. P.P. appearing for the state respondent. Also heard Mr. D. P. Bora, learned Standing Counsel, Health Department, Assam.

(2.) By preferring the instant petition under Sections 482/397 read with Section 401 Cr.P.C., the petitioner namely, Tanzil Hussain has prayed for setting aside and quashing of Dispur P.S. Case No. 2151/2014 under Sections 419/420/34 IPC arising out of an FIR, dated 07.10.2014, lodged by the Director of Medical Education, Assam.

(3.) The petitioner's case in a nutshell is that he was found qualified and eligible for admission into the MBBS course for the session 2014, conducted by the Dibrugarh University and had appeared accordingly in the Combined Entrance Examination for the said course, held on 28.05.2014 at the G.C. College, Silchar. He was, thereafter, called for counseling at Guwahati, which was held, on 20.06.2014. He was eventually called for admission on 03.07.2014. However, his admission was later on cancelled and the Commissioner and Secretary, Health and Family Welfare (B) Department, Govt. of Assam by order, dated 06.09.2014, informed him that the Director of Forensic Science, Assam produced the enquiry report, where it was found that the person, who appeared for counseling and selected for admission into the MBBS/BDS course was not the same person and accordingly, ordered that his admission was liable to be cancelled as it was a case of impersonation. Consequently, his admission was cancelled and a criminal proceeding has been drawn up against him.