GURMEET KUMAR Vs. STATE OF J&K

JUDGEMENT

(1.) Through the instant petition filed under Sec. 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C) petitioners seek quashing of order dtd. 14/3/2014 passed by learned Special Railway Magistrate (SJ) Jammu in a criminal Challan No.179/2010 under Sec. 419/420 RPC titled as State Vs Gurmeet Kumar and Ors, whereby the learned court below has charged the petitioners with the offences under Sec. 419, 420 RPC and directed to be tried for the said charges; and consequently quashing of the criminal challan.

(2.) The brief facts of the case are that petitioners applied and appeared in the recruitment of constables in J&K Police (Executive) on 10/6/2010 and successfully qualified the first three events i.e. Height, Chest and 1500 meters but stopped by the recruitment agency at the time of test of long jump and high jump and in this connection a false and frivolous FIR was registered under Sec. 419, 420 RPC by the respondent No.1 at the behest of respondent No.2 against the petitioners and ultimately respondent No.1 filed the challan before the learned Chief Judicial Magistrate, Jammu and the same was transferred before the court of learned Special Railway Magistrate, Jammu.

(3.) The case projected by the respondents was that on10/6/2010 as per the report of Mr. Mohd. Amin Khan, Superintendent of Police i.e. respondent No.3 herein who was the Member of Recruitment Board, two persons i.e. petitioner Nos.1 and 2 were found impersonating in place of petitioners No.3 and 4 at 17.00 hours at Police Stadium, Gulshan Ground, Jammu. Both the impersonators successfully appeared and qualified the first three events i.e., Height, Chest and 1500 Meters and were identified during the fourth event i.e., the long Jump in presence of the supporting staff. On the basis of the said report, an FIR No.120/2010 came to be registered with respondent No.1. Thereafter, the Investigating Officer visited the scene of crime and made the site plan, recorded the statements of complainant and other witnesses u/s 161 Cr. P. C. and presented the challan before the learned C.J.M., Jammu who further transferred the same to the court of learned Special Railway Magistrate, Jammu for disposal under law. The Court below vide order dtd. 14/3/2014, petitionersNo.1 and 2 were charged under Sec. 419/34 RPC and petitioners No.3 and 4 were charged under Ss. 420/34 RPC.