RAJENDRA PRASAD Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2018-5-204
HIGH COURT OF MADHYA PRADESH
Decided on
May 09,2018
RAJENDRA PRASAD
Appellant
VERSUS
STATE OF MADHYA PRADESH
Respondents
Referred Judgements :-
S.S. TRIVEDI V. STATE OF M.P. [REFERRED TO]OMKAR DHANKAR V. STATE OF HARYANA [REFERRED TO]
SHAMBHOO NATH MISRA VS. STATE OF UTTAR PRADESH [REFERRED TO]
CENTER FOR PUBLIC INTEREST LITIGATION VS. UNION OF INDIA [REFERRED TO]
ROMESH LAL JAIN VS. NAGINDER SINGH RANA [REFERRED TO]
RAKESH KUMAR MISHRA VS. STATE OF BIHAR [REFERRED TO]
PARKASH SINGH BADAL VS. STATE OF PUNJAB [REFERRED TO]
JUDGEMENT
SUSHIL KUMAR PALO,J. -
(1.)Heard on admission.
(2.)The petitioner has preferred this revision under Section 397, read with section 401 of the Cr.P.C., 1973 challenging the order dated 06.05.2015, passed by Ninth Additional Sessions Judge, Bhopal, in S.T. No. 193/2018, whereby the objection raised by the petitioner/accused Rajendra Prasad that, without seeking prior sanction under section 197 of the Cr.P.C., 1973 the Court has taken cognizance and framed charges against the petitioner. Therefore, the order of the Court passed in S.T. No. 193/2014 for offence under Sections 466, 467, 468, 471, 472, 420, 477-A and 120-B of IPC.
(3.)Bereft of the unnecessary details the prosecution story in brief is that on 20.10.2013, Special Task Force (STF) received information, the accused Kaushal Saraswat has been preparing false mark-sheets of Madhya Pradesh State Open School Examination and is selling the same to persons for high prices. Accused, Kaushal Saraswat was apprehended. From his possession, marksheet, certificates, rubber, stamps, etc. were seized. The accused Devendra Gupta, Pradeep Bairagi, Akhilesh Chauhan, were also associated with accused Kaushal Saraswat, therefore, they were also arrested. During investigation, it is also disclosed that the petitioner-Rajendra Prasad, the Director of the Madhya Pradesh State Open School Examination, in connivance with Assistant Director, Rajesh Upadhyay along with some of the staffs manipulated the counterfoils of the answer papers of Higher Secondary Examination of May, 2013 and by making overwriting passed some candidates. The accused Sandeep Rane, Sangeeta Rane and Gaytri Negi were also assisted the petitioner accused Rajendra Prasad in this manipulation. From the State Open School Office, thousands of such counterfoils have been seized. Accused Vinod Panchal and Baldev Panchal were also co-operating with the petitioner Rajendra Prasad. After due investigation, charge-sheet has been filed. Ninth Additional Sessions Judge, Bhopal framed charges against the accused persons including the petitioner Rajendra Prasad for offence under Sections 466 467, 468, 471, 472, 420, 477-A and Section 120-B of the IPC.
(2.)The petitioner has preferred this revision under Section 397, read with section 401 of the Cr.P.C., 1973 challenging the order dated 06.05.2015, passed by Ninth Additional Sessions Judge, Bhopal, in S.T. No. 193/2018, whereby the objection raised by the petitioner/accused Rajendra Prasad that, without seeking prior sanction under section 197 of the Cr.P.C., 1973 the Court has taken cognizance and framed charges against the petitioner. Therefore, the order of the Court passed in S.T. No. 193/2014 for offence under Sections 466, 467, 468, 471, 472, 420, 477-A and 120-B of IPC.
(3.)Bereft of the unnecessary details the prosecution story in brief is that on 20.10.2013, Special Task Force (STF) received information, the accused Kaushal Saraswat has been preparing false mark-sheets of Madhya Pradesh State Open School Examination and is selling the same to persons for high prices. Accused, Kaushal Saraswat was apprehended. From his possession, marksheet, certificates, rubber, stamps, etc. were seized. The accused Devendra Gupta, Pradeep Bairagi, Akhilesh Chauhan, were also associated with accused Kaushal Saraswat, therefore, they were also arrested. During investigation, it is also disclosed that the petitioner-Rajendra Prasad, the Director of the Madhya Pradesh State Open School Examination, in connivance with Assistant Director, Rajesh Upadhyay along with some of the staffs manipulated the counterfoils of the answer papers of Higher Secondary Examination of May, 2013 and by making overwriting passed some candidates. The accused Sandeep Rane, Sangeeta Rane and Gaytri Negi were also assisted the petitioner accused Rajendra Prasad in this manipulation. From the State Open School Office, thousands of such counterfoils have been seized. Accused Vinod Panchal and Baldev Panchal were also co-operating with the petitioner Rajendra Prasad. After due investigation, charge-sheet has been filed. Ninth Additional Sessions Judge, Bhopal framed charges against the accused persons including the petitioner Rajendra Prasad for offence under Sections 466 467, 468, 471, 472, 420, 477-A and Section 120-B of the IPC.
Copyright © Regent Computronics Pvt.Ltd.