Uttarakhand High Court
Mohd Jishan vs State Of Uttarakhand And Others on 14 November, 2022
1
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition (Criminal) No. 1814 of 2022
Mohd Jishan ..................Petitioner
-Versus-
State of Uttarakhand and Others .............Respondents
With
Writ Petition (Criminal) No. 1891 of 2022
Moh. Majeed and Another ..................Petitioners
-Versus-
State of Uttarakhand and Others .............Respondents
And
Writ Petition (Criminal) No. 1875 of 2022
Shekhar Kumar ..................Petitioner
-Versus-
State of Uttarakhand and Others .............Respondents
Present: Mr. Mohd Alauddin, learned counsel for the petitioner.
Mr. J. S. Virk, learned Deputy Advocate General for the State of Uttarakhand.
Date of Hearing and Order: 14.11.2022
Coram:-
Shri Sanjaya Kumar Mishra, J.
Upon hearing the learned counsel for the parties, the Court has
passed the following order:-
1. Since all these writ petitions filed by the petitioners
challenging the common F.I.R. so with the consent of
the learned counsel for the parties, all the writ petitions
are heard together and disposed of by this common
judgment. For the sake of convenience, facts of Writ
Petition (Criminal) No. 1814 of 2022 are taken into
consideration.
2. By filing this bunch of writ petitions, the petitioners
have prayed for the following reliefs:-
a. Issue a writ, order in the nature of Certiorari quashing
the impugned F.I.R. dated 04.09.2022 registered as
F.I.R. No. 022 of 2022, u/s 120B, 420 of IPC, and 3,
5, 6, 9, 10 Uttar Pradesh Public Examination Act,
1998 and 66 Information Technology Act, 2000 at P.S.
Cyber P.S. District Dehradun, (Contained Annexure
No. 1 to this writ petition).
b. Issue a writ, order or direction in the nature of
Mandamus, commanding/directing the respondents
not to arrest the petitioners in connection with the
impugned F.I.R. dated 04.09.2022 registered as F.I.R.
No. 22 of 2022 U/S 120B, 420 of IPC and 3, 5, 6, 9,
10 Uttar Pradesh Public Examination Act, 1998 and
66 Information Technology Act, 2000 at P.S. Cyber
P.S. District Dehradun, during the pendency of
present writ petition.
c. Issue any other relief, which this Hon'ble Court may
deem fit and proper in the facts and circumstances of
the present case be passed in favour of the petitioner.
d. Cost of the petition be awarded in favour of the
petitioner.
3. The petitioners, in all the cases, aspirant for the post of
Forest Inspector, have prayed for issuance of a writ of
Certiorari for quashing the abovementioned F.I.R.; the
allegations against the petitioners are that they are in
contact with the main accused Sachin and their
telephone number was found to be stored in the contact
list of the cell phone of the main accused Sachin and
there are some conversation between these petitioners
and the main accused Sachin. There is additional
allegation against one Shekhar Kumar in the sense that
he admitted before the police that he has taken money
from other candidates and that immediately after the
commencement of the examination, the question paper
with answer-sheet was leaked and circulated the same
outside.
4. In that view of the matter, this Court is of the prima
facie opinion that a case under the aforesaid provisions
of law is made out against all the petitioners and they
should be investigated for their involvement in the case.
5. In that view of the matter, this Court is of the further
opinion that the Investigating Agency should continue
the investigation effectively and without any hindrance,
hence, this Court is not inclined to allow any writ
petition.
6. In that view of the matter, the writ petitions are
dismissed being devoid of merits and interim orders
dated 26.09.2022 in WPCRL No. 1814 of 2022, dated
01.10.2022 in WPCRL No. 1891 of 2022 and dated
30.09.2022 in WPCRL No. 1875 of 2022 stand vacated.
(Sanjaya Kumar Mishra, J.)
14.11.2022
(Grant urgent certified copy of this order, as per Rules)
A/-
