Allahabad High Court
Vijayanand And Another vs State Of U.P. And 2 Others on 6 March, 2019
Bench: Manoj Misra, Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5196 of 2019
Petitioner :- Vijayanand And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Ram Raj Pandey
Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Vivek Varma,J.
On 26.02.2019, the following order was passed:
"The allegation in the impugned first information is that upon inspection it was found that three Invigilators were operating in an Examination Centre, who were not authorized.
The first information report was lodged against those Invigilators.
It appears that as per practice, the Invigilators are nominated by Principal of different Schools. Thereafter they are empanelled and sent on duty to different examination centres.
From the notice that has been served upon the petitioners, who are Principal and Additional Principal of Public School, it appears that they had nominated Invigilators and details were sought from them to ascertain whether they had nominated the Invigilators, who were apprehended. The notice discloses that if those details are not provided, it shall be presumed that the petitioners are in conspiracy with the offenders.
By taking this notice as a ground to believe that the petitioners are wanted in Case Crime No.39 of 2018, this petition has been filed.
Considering the facts and circumstances of the case, we deem it appropriate to require the learned A.G.A. to seek instructions from the Investigating Officer of the case concerned as to (a) whether the petitioners had nominated Invigilators for examination centre or not;(b) whether the nomination of the Invigilators is being denied by the petitioners or not; (c) if the nomination made by the petitioners is not being denied by the petitioners, then what is the material that has been collected during the course of investigation as against the petitioners disclosing their complicity in the crime.
The Investigating Officer shall also disclose whether the notice dated 12.02.2019, at page 20 of the paper book, is calling for the specimen signature of the petitioners or of those persons who have allegedly been nominated by the petitioners for the purpose of comparison by a forensic team.
The aforesaid instructions be obtained by 06th March, 2019.
List this matter on 06th March, 2019.
Let a copy of this order be supplied to the learned A.G.A. for compliance."
Learned A.G.A. states that he has not been able to obtain instructions and prays for further time.
List this matter again on 27.03.2019, by which date, learned A.G.A. shall obtain instructions in the light of the order dated 26.02.2019.
However, till the next date, no coercive steps shall be taken against the petitioners in connection with Case Crime No.39 of 2018, P.S. Chhaprauli, District Baghpat provided the petitioners provide necessary information that may be sought from them in connection with the investigation in the said case.
Order Date :- 6.3.2019
Ajeet
