Smt. Alka Pathak vs State Of U.P. And Another
2014 Latest Caselaw 7514 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- APPLICATION U/S 482 No. - 41539 of 2014
 
Applicant :- Smt. Alka Pathak
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Vinay Kumar Pathak
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the applicant and learned AGA for the State.

By means of this application the applicant has prayed for quashing the entire proceeding of Case No. 1589 of 2008 (State Vs. Ajay Bahadur Singh and others) arising out of Case Crime No. 142 of 2008 under section 4/10 UP Sarvajanik Pariksha (Anuchit Sadhano Ki Niwaran) Adhiniyam, 1998, police staiton Chhawani, district Basti pending in the Court of Addl. Chief Juditial Magistrate, Ist, district Basti and has also prayed to stay the further proceeding of the aforesaid case. 

It is submitted by the learned counsel for the applicant that the applicant is an Assistant Primary Teacher and she has been deputed to perform the duty of invigilator in the UP Intermediate examination-2008.

According to the prosecution case the second paper of Art of Intermediate Examination which was scheduled on 1.4.2008, the envelope of question paper was opened one day earlier of the examination in the presence of the applicant and other four persons and the applicant had also signed as a witness. 

It is further submitted by the learned counsel for the applicant that as per Board of High School and Intermediate UP , Allahabad Rules 63 the primary teachers and retired teachers will not be deputed for the aforesaid duties. Therefore, the entire proceedings against the applicant is an abuse of the process of law.

Let notice be issued to respondent no. 2 who will file counter affidavit within a period of three weeks and one week thereafter allowed for filing rejoinder affidavit. Learned AGA for the State will also file counter affidavit within the same period.

Till the next date of listing, further proceeding against the applicant only, shall remain stayed in case No. 1589 of 2008 arising out of Case Crime No. 142 of 2008 under section 4/10 UP Sarvajanik Pariksha (Anuchit Sadhano Ki Niwaran) Adhiniyam, 1998, police staiton Chhawani, district Basti pending in the Court of Addl. Chief Juditial Magistrate, Ist, district Basti.

Order Date :- 13.10.2014

SKS