VIKAS KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This criminal misc. petition under section 482 Cr.P.C. has been filed by the petitioners for quashing of the order dated 25.01.2012 passed by the Additional Chief Metropolitan Magistrate (C.B.I. Cases), Jodhpur Metropolitan (for short 'the trial court' hereinafter) as well as the order dated 04.08.2012 passed by the Sessions Judge, Jodhpur Metropolitan (for short 'the revisional court' hereinafter) in a revision petition preferred by the petitioners.

(2.) Brief facts of the case are that the trial is pending against the petitioners for commission of offences punishable under sections 419, 420, 465, 468, 471 and 120-B IPC, wherein the allegation against the petitioner No.1 is that in his place, petitioner No.2 Rajeev Kumar, Junior Engineer working in the Railways had appeared in the examination conducted by the Railways for the purpose of recruitment on the post of JE-II (PW) held in the year 2007.

(3.) The petitioners moved an application under section 173(8) Cr.P.C. before the trial court and prayed that the Railways Authorities are guilty of abetment of offence of cheating because despite receiving the information from the expert committee that the petitioner No.1 Vikas Kumar had not appeared in the examination and someone else had appeared on his place, they provided appointment to the petitioner No.1 on the post of JE-II(PW) vide order dated 30.11.2007.