The High Court dismissed the applicant's Section 482 application seeking to quash the charge sheet in a case of criminal breach of trust regarding exam papers. The court noted the applicant had absconded since 2013 and directed the trial court to proceed with the matter.
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Neutral Citation No. - 2024:AHC:124451
HIGH COURT OF JUDICATURE AT ALLAHABAD
(Sl No.1)
Court No. - 79
Case :- APPLICATION U/S 482 No. - 23949 of 2024
Applicant :- Navneet Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sheetla Sahai Srivastava,Siddhartha Sinha Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Sheetla Sahai Srivastava, learned counsel for the applicant and Sri Rajeev Kumar Singh, learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the Charge Sheet dated 06.10.2005 in Case No. 343 of 2006 (State of U.P. vs. Navneet) arising out of Case Crime No. 96 of 2005 u/S 406 I.P.C., P.S.- George Town, District- Allahabad, pending in the court of learned Additional Chief Judicial Magistrate- 7,Allahabad.
3. Learned counsel for the applicant submits that the allegation in the instant case is that while the applicant appeared in the SSC Examination- 2005 in K.P. Inter College, Allahabad, after the examination instead of submitting the answer-book he has taken away the answer-book from the Examination Centre, for which an F.I.R. was lodged by the Principal of the said Inter College on 05.06.2005. Initially, the final report dated 06.10.2005 was prepared, which was rejected by the concerned Circle Officer (CO) and further investigation was directed and after further investigation various witnesses, who were the teachers on duty in the said examination in the said college, have supported the incident and thereupon the charge-sheet was filed against the applicant on 24.02.2006. Since then, despite various summons were issued, the applicant did not appear before the trial court concerned and thereupon since 08.10.2013 the non-bailable warrants are issued against the applicant herein and more than eleven years have passed and the applicant herein has absconded himself from trial and the instant case is
pending since 2006 and more than 18 years have passed.
4. In view thereof, this Court does not find any good reason to entertain the instant application or grant any indulgence to applicant herein, Therefore, the instant application is dismissed.
5. Trial court is directed to proceed in the matter in accordance with law.
Order Date :- 2.8.2024 Shubham Arya
(Anish Kumar Gupta, J.)
Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the court should grant indulgence and quash the charge sheet in a case pending for over 18 years with the applicant absconding since 2013?
2 provisions across 2 enactments
Navneet Kumar Singh
Anish Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
