Allowed

Kailash Ram Godara S/O Shri Ganesh Ram Godara v. State of Rajasthan

Rajasthan HC10 Jan 2020CRLMP/2011/2019

Case brief

AI extract

What is this about?

The Court quashed an FIR registered under the Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992 against petitioners alleged to have leaked question papers during a police recruitment exam, holding that police-conducted exams do not fall under the Act's definition of 'Public Examination'.

What did the court decide?

FIR No.249/2018 and all proceedings undertaken in terms of the same are quashed.

Kailash Ram Godara S/O Shri Ganesh Ram Godara Vs… — Service and Employment | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No.2011/2019

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Kailash Ram Godara S/o Shri Ganesh Ram Godara, Aged About 21 Years, R/o Village Bajoli, Tehsil Makrana, District Nagaur, Raj.

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Ramchandra Poonia S/o Shri Bhura Ram, Aged About 21 Years, R/o Village Antroli, Tehsil And District Nagaur, Raj.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp.

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Dhannajayjen S/o Shri Murgesan, Aged About 27 Years, At Present Assistant Professor, Nims University, Jaipur, Police Station Chandwaji, District Jaipur, Raj.

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----Respondents

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For Petitioner(s) : Mr. Vijay Poonia For Respondent(s) : Mr. Ramesh Choudhary, PP Mr. Attar Singh, Police Station Chandwaji, Jaipur

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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10/01/2020

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The petitioner has challenged FIR No.249/2018 registered at Police Station, Chandwaji, District Jaipur Rural for offences under Sections 3/6 of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992 (hereinafter ‘the Act of 1992’).

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Learned counsel for the petitioner submits that the examination was being conducted by the authorities of the Rajasthan Police for recruitment of Constables under the Rules. The written examination for the said purpose was conducted on 14.7.2018 and the allegations in the FIR relates to the said

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(2 of 2)

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[CRLMP-2011/2019]

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examination wherein allegation is that the accused petitioner handed over part of the question book to the other persons.

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Learned counsel has taken this court to the provisions of the Act of 1992 and to definition of Public Examination to submit that such exam as conducted by the police authorities would not fall within the definition of the Act of 1992. Public Examination means any of the examination specified in the schedule, as per schedule, following examination fall under Section 2 as Public Examination.

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“Schedule (Section 2)

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Any examination conducted by the Board of Secondary Education for Rajasthan under the Rajasathan Secondary Examination Act, 1957 (Act No.42 of 1957).

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Any examination conducted by any University established by law in India.

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Any examination conducted by the Rajasthan Public Service Commission or Union Public Service Commission.

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Any examination conducted by any Autonomous College in the State.

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Any Examination conducted by the Railway Recruitment Board, Ajmer.”

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From the above, it is apparent that examination conducted by police authorities would not fall within the examination as mentioned in the schedule appended to the Act of 1992 as above.

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In view thereof, FIR No.No.249/2018 registered at Police Station, Chandwaji, District Jaipur Rural under the Act of 1992 could not have been registered as against the petitioner. The same is accordingly quashed. All proceedings undertaken in terms of the FIR also stands quashed.

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Accordingly, the criminal misc. petition stands allowed.

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(SANJEEV PRAKASH SHARMA),J

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Karan Bhutani /531/31

Kailash Ram Godara S/O Shri Ganesh Ram Godara v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kailash Ram Godara S/O Shri Ganesh Ram Godara v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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