Delhi High Court
Sharon Shakeer vs State on 18 July, 2018
$~12
IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on:- 18th July, 2018
+ CRL. M.C. 2015/2015
SHARON SHAKEER ..... Petitioner
Through: Mr. K.P. Rajagopal, Adv.
versus
STATE ..... Respondent
Through: Mr. Mukesh Kumar, APP for
the State with SI Sunil Kumar,
PS Tilak Marg.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
ORDER (ORAL)
1. The present petition presented under Section 482 of the Code of
Criminal Procedure, 1973 (Cr.P.C.) prays for proceedings arising out
of the charge-sheet submitted on conclusion of the investigation into
FIR No. 51/2012 of police station Tilak Marg involving offences
punishable under Sections 451/419/420/511 and 174 A, Indian Penal
Code, 1860 (IPC) to be quashed against the petitioner.
2. It appears that according to the prosecution case, the petitioner
was a candidate for public examination for admission to Engineering,
Medical and Agricultural courses of Kerala in 2012 and was to appear
to take the said test on 25.04.2012 in the first paper (Chemistry and
Physics), the premises of Kerala Education Society Senior Secondary
School, Shri Madhav Rao Sindhia Marg, New Delhi, being the
examination centre for this purpose, he having been assigned roll no.
234708. It is stated that the examination invigilator of room no.10
where the petitioner was to sit as the candidate, caught one Manoj
Kumar, answering the question paper on his behalf and in his lieu
having appeared there by impersonation. On the basis of his
complaint, the afore-mentioned FIR was registered. Documents
including admit card and copy of identity card of the petitioner were
seized statedly from the person who was wrongfully appearing in his
name. The petitioner was arrested from the premises of a hotel where
he was sitting at the relevant point of time on the pointing out of the
said Manoj Kumar. The petitioner evaded the process of investigation
and this led to he being eventually declared a proclaimed offender in
the case by the Court of Metropolitan Magistrate by order dated
22.03.2013. After the investigation has been completed, charge-sheet
was laid by the Court of Magistrate on 27.03.2015 where the matter
remains pending. It appears even the first person arrested i.e. Manoj
Kumar, has jumped bail leading to duress process being issued against
him.
3. The petitioner's submission was that he had no involvement in
the offences which are stated to have been committed and the case is
an abuse of process of court is found to be incredible against the
above-noted background facts. It is clear from his evasive conduct that
the present petition seeking quashing of the proceedings before the
trial court itself is an abuse of the process of Court.
4. The petition is, thus, dismissed with costs of Rs. 20,000/-, to be
deposited with Delhi High Court Legal Services Committee with
direction that the petitioner must appear forthwith before the trial court
without further default and participate in the pending proceedings.
R.K.GAUBA, J.
JULY18, 2018
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