KALAM SINGH TOMAR Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2012-11-56
HIGH COURT OF UTTARAKHAND
Decided on November 01,2012

Kalam Singh Tomar Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (1.) By means of this petition, the petitioner has sought to quash the impugned first information report lodged by respondent no.3 on 15.10.2012 registered as case crime no.249 of 2012 under Sections 419, 420 and 120-B IPC at P.S. Vikas Nagar, District Dehradun.
(2.) Having heard the learned counsel for the petitioner, as also learned State counsel, the Court feels that even if the main contention, so advanced on behalf of petitioner, is accepted that on the date of incident i.e. 15.10.2012, he was not present at the spot, rather he was at Haridwar being indulged in performing the funeral obsequies of his grandfather, then also the fact remains that he was an examinee of the Intermediate Standard and was supposed to appear in the examination being conducted by the National Institute of Open Schooling.
(3.) Learned counsel has argued that on account of his busyness in performance of such obsequies of his grandfather, he was not present at the examination center. In that case also, the impugned first information report unequivocally 2 states that the present petitioner made to sit another candidate in his place to appear in the examination. The said impersonated person was caught read handed by the Invigilator of the room. The FIR further elaborates the use of unfair means in the following manner: - A. Misbehaving with the invigilator B. Tearing off the Answer book and running away from the center C. Not depositing the answer book and ran away with the same D. Allowing other person to give examination in his place by impersonating himself.;


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