KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prayer in the present petition under Sec. 482 Cr.P.C. is for the quashing of FIR No.164 dtd. 26/5/2019 under Ss. 66, 66b, 66d of the Information Technology (Amendment) Act, 2008, Sec. 120-B, 201, 420, 467, 468 and 471 IPC registered at Police Station Rewari City, District Rewari (Annexure P-1), the report under Sec. 173(8) Cr.P.C. dtd. 12/2/2020 (Annexure P-3), the impugned charge-sheet dtd. 2/12/2019 (Annexure P-12) and all other subsequent proceedings arising therefrom.

(2.) The brief facts of the case as emanating from the pleadings are that the impugned FIR came to be registered on 26/5/2019 on the basis of a written complaint of the complainant Inspector Anand Kumar in which he stated that he was performing his examination duty at Jain Girls Senior Secondary School, Rewari, where EASI Balwant Singh, Incharge, Cyber Cell, Rewari reached and told him that on 24/5/2019, an E-mail had been received on the official E-mail id of Superintendent of Police, Rewari, whereby it had been stated that an attempt would be made by certain elements to leak out the answer-key of the examination for the post of Naib Tehsildar being organised by the Haryana Staff Selection Commission (hereinafter to be known as'the HSSC') on 26/5/2019 and the answer-key shall be circulated to the aspirants. On this basis, the impugned FIR came to be registered against eight persons, namely, Jaiveer son of Rajinder Singh, Kuldeep son of Roshan Lal, Dinesh son of Rajinder Singh, Manoj Kumar @ Monu son of Rajinder Singh, Pankaj son of Jai Bhagwan, Anil, Deepak son of Rajinder Singh and Neeraj son of Mahavir. A copy of the FIR is annexed as Annexure P-1 to the petition. It may be pertinent to mention here that the petitioner was neither named in the FIR nor was any role attributed to him.

(3.) During the course of surveillance of some mobile numbers, it was found that Dinesh Kumar son of Rajinder Singh was using mobile No.90508-07900 and was talking with Akhil son of Varinder. During the course of the telephonic conversation, Dinesh also spoke with Manoj @ Monu. As per the contents of that conversation, reference has been made to the name of the petitioner. The said conversation took place at about 11.40 a.m. on 25/5/2019. A copy of the transcript of the telephonic conversation dtd. 25/5/2019 is attached as Annexure P-2 to the petition.