PARVEEN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER /Parveen Kumar has filed this petition for quashing FIR No. 837 dated 27.6.1997, under Sections 406/201 and 189 IPC, registered at police station City Karnal (copy of which has been placed on record as Annexure P1) and all subsequent proceedings taken on the basis thereof. The FIR was registered on the complaint made by Shri Kuldeep Gupta, Convener, Flying Squad, Principal, DAV College, Pundri against the petitioner/Parveen Kumar, a candidate of M.A. (Previous) Hindi in Kurukshetra University, bearing roll number 77367. In the examinations held by the Kurukshetra University for M.A. (Previous) in Hindi, fourth paper was held on 27.6.1997. The seat of the petitioner was placed in room No. 9 in Dyal Singh College, Karnal Centre. Shri M.L. Gupta, a member of the flying squad had caught the petitioner red-handed while indulging in copying. The answer sheet supplied to him in the examination and the incriminating material, which was used for copying, were brought to the room of the Superintendent along with the candidate/Parveen Kumar-petitioner, who was asked to accept the second answer-book and to give his written statement on the proforma meant for unfair means. The petitioner refused to do so and rather he snatched his answer book and the incriminating material from the hands of the member of the flying squad, tored the answer book and the incriminating material into pieces and tried to destroy the torn material. The members of the flying squad, however, managed to procure the torn material forcibly from the petitioner. The petitioner misbehaved with the members of the flying squad and threatened them with dire consequences. The torn material was forwarded to the Kurukshetra University for taking the necessary action against the petitioner. Apart from it, the police was requested to register FIR against the petitioner and he was also brought to the police station in custody by the police personnel posted on duty at the said examination centre.

(2.) THE grounds on which the petitioner seeks the quashing of the FIR are as under :- The allegations mentioned in the FIR are vague, criptic, unreliable, unnatural, fabricated and concocted and no offence even, prima facie, was made out by the bare perusal of the FIR. There was no mention of the serial number of the alleged answer book and the details regarding the number of pages of the same. Likewise, the number of pages and other necessary details of the incriminating material have also not been given in the FIR. The serial number of the second answer-book, allegedly given to the petitioner, was also not given in the FIR. It was further mentioned in the petition that the petitioner actually tore out the material and as such ingredients of Section 201 IPC are missing. Similarly, ingredients of Section 406 IPC are also missing as there are no allegations against the petitioner that he took away the alleged answer book from the examination centre or in any way misappropriated the same for his personal use in any manner, whatsoever. Even the ingredients of Section 189 IPC are alleged to be missing simply by alleging that the petitioner misbehaved with the members of the flying squad cannot be said to be sufficient to make out the offence under Section 189 IPC. The names and addresses of the flying squad with whom the petitioner allegedly misbehaved, have not been mentioned. Even otherwise, the truthfulness of the allegations made in the FIR is doubtful because the alleged incident took place at 11.05 a.m. on 27.6.1997, whereas the FIR in question was registered at 5.15 p.m. on the same day, inspite of the fact that the distance of the police post, Bus Stand, Karnal is only 1.00 km. from the Dyal Singh College, Karnal, i.e. the centre of the examination. It is further alleged that the copy of the FIR was received by the Illaqa Magistrate Karnal on the next day, i.e. on 28.6.1997 at 10.00 a.m., whereas the courts and police station, City Karnal are situated at Karnal town itself. The reference was made to sub- clause (6) of Clause 32 of the Book of Instructions for Superintendent-in- Chief, Superintendent and Supervisory Staff, Kurukshetra University, Kurukshetra, regarding collection of answer books which reads as under :-

(3.) IT is settled principle of law relating to the quashment of FIR and criminal proceedings including a complaint that the FIR or the complaint or other proceedings sought to be quashed are to be considered on the assumption that the averments made in the FIR/complaint etc. are as mentioned therein and if upon a consideration of those averments commission of offences is, prima facie, shown, then the FIR or complaint would not be quashed.