Vishal Kumar vs State Of Uttarakhand And Others
2023 Latest Caselaw 2621 UK

HIGH COURT OF UTTARAKHAND AT NAINITAL

       Criminal Writ Petition No. 1261 of 2023
Vishal Kumar                          .............Petitioner

                           Versus

State of Uttarakhand and others         ........Respondents
Present:-
            Mr. Bharat Tewari, Advocate for the petitioner.
            Mr. V.S. Rawat, Brief Holder for the State of
            Uttarakhand/respondent nos.1 and 2.

                        JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The challenge in this petition is made to FIR

No.507 of 2023, dated 18.08.2023, under Sections 120-B,

420, 467, 468, 471 IPC and Sections 12(2) of the

Uttarakhand Competitive Examination (Measures For

Control And Prevention Of Unfair Means In Recruitment)

Ordinance, 2023, Police Station Kotwali Roorkee, District

Haridwar.

2. Heard learned counsel for the parties and

perused the record.

3. According to the FIR, on 18.08.2023, a public

examination was being conducted. The petitioner

impersonated for Gajendra Yadav and was writing an

examination, when he was apprehended based on the

biometrics.

4. Learned counsel for the petitioner would

submit that offences, as stated in the FIR, are not made

out.

5. This is writ petition under Article 226 of the

Constitution of India. If FIR discloses commission of

offences, generally no interference is warranted unless

there are compelling circumstances to do so.

6. The FIR in the instant case speaks in volumes.

The Court refrains to make deeper scrutiny to any

material, but the fact remains that according to the FIR,

the petitioner impersonated one candidate and appeared

in the examination by false identity. What other offences

the petitioner had committed that will fall for scrutiny or

trial, as the case may be. Prima facie the FIR discloses

commission of offences. There is no reason to make any

interference in this petition. In fact, these are very serious

offences. These are the offences which pollutes public

examinations. This Court is of the view that there is no

reason to make any interference in this petition.

Accordingly, the petition deserves to be dismissed at the

stage of admission itself.

7. The petition is dismissed in limine.

(Ravindra Maithani, J.) 05.09.2023 Sanjay