ANIL KUMAR TRIPATHI Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2012-7-378
HIGH COURT OF ALLAHABAD
Decided on July 19,2012

ANIL KUMAR TRIPATHI Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) Heard learned Counsel for the petitioner and learned Additional Government Advocate. This writ petition has been filed for quashing of FIR in Case Crime No. 422 of 2011, under sections 420, 467, 468 IPC, PS George Town, district Allahabad, lodged by Shri Satish Kumar Paliwal, Inspector, CBCID, Agra.
(2.) The allegations in the FIR were that one Amiteshwar Kumar Singh wrote the Combined Defence Service Examination-II, 2007. He had purchased the form from the petitioner's shop Shubham Book Depot, Bairana, Allahabad and after filling up the same, he had sent it to the UPSC, New Delhi. The petitioner had given UPSC's acknowledgment receipt to Amiteshwar Kumar Singh, but as he did get an Admit Card for appearing in the examination, he approached the Centre which allowed him to appear in the examination on the basis of the receipt and on his executing a personal bond. The UPSC made a search for Amiteshwar's form, but it was not said to be received at its postal counter at Dhaulpur House, New Delhi. Even the receipt given by Amiteshwar for appearing in the examination did not have a genuine seal of the UPSC postal counter and the endorsement appeared to have been made by a forged seal. After making enquiries the informant, who was an Inspector of the CBCID has lodged the report on 2.11.2011.
(3.) Learned Counsel for the petitioner submitted that no person could be allowed to appear in the Combined Defence Services Examination merely on the basis of a receipt and on executing a personal bond. Also the FIR was lodged with undue delay after four years of the alleged incident.;


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