1. Heard. This is an application under section 438 of Code of Criminal Procedure, 1973. Applicant herein is apprehending his arrest in crime No.3151 of 2014 registered at Panchvati Police Station, Nashik for offence punishable under section 6 of Maharashtra Prevention of Malpractices at University, Board and other Specific Examinations Act, 1982 and section 66 of Information Technology Act, 2000.

2. It is the case of prosecution that present applicant happens to be a student of 2nd year MBBS and is studying at Government Medical College Nanded. It is alleged that examinations for MBBS 3rd year were in progress in the month of November 2014. On 28/11/2014, present applicant is alleged to have forwarded question paper, received by him on his 'Whats App' application on his cellphone to the students of 3rd year MBBS studying at Nagpur. It appears from the records that at about 2.40 am of 28/11/2014, applicant had received abbreviation of terminologies, which would appear in the examination on 28/11/2014. He had asked the friends to read the said questions and prepare accordingly. It appears that applicant had informed his friend that he is only forwarding messages received by h