VIRENDRA SARAN AND NASEEMUDDIN, JJ.

( 1 ) KUMARI Poonam Awasthi has filed this writ petition for quashing the first information report dated 8. 5. 1998 in Case Crime No. 174 of 1998 Police Station Kotwali Gola, district Khert.

( 2 ) LEARNED counsel for the petitioner and learned Government advocate were heard.

( 3 ) IT appears that opposite party No. 3 Dr. O. P. Mlshra (Senior Superintendent) Principal, c. G. N. (P. G.) College, Gokaran Nath, district Kheri lodged an F. I. R. with the allegation that on 8. 5. 1998 at about 7. 10 a. m. the petitioner, who was appearing in the examination of B. A. II year, handed over some unauthorised material to the invigilator in the examination room after the distribution of the question papers at 7. 10 a. m. She was appearing on that day in 1998 Studies hindi Literature II paper. That the petitioner did not make use of the material. That even then in order to save the infectious effect of keeping the unauthorised material, action was taken against her and second copy was given to her for examination. The F. I. R. was lodged under Section 3/9 of the U. P. Public Examinations (Prevention of Unfair Means) Act. 1998 (hereinafter as the act ). A case

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