ORAL ORDER

[1] By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (for short, “the Cr.P.C.”), the present applicant – original accused No.3 has prayed for the following reliefs:

“12(a) To admit this petition (b) Your Lordship may be pleased to quash and set aside the framing of charge at Exh. 16 in Criminal Case No.170 of 2022 pending before JMFC at Sanjeli Dist. Dahod.

(c) During pendency and final hearing of this petition, Your Lordship may be pleased to stay the further proceedings of Criminal Case No.170 of 2022 pending of before learned JMFC at Sanjeli Dist Dahod.

(d) Grant any other and further relief that may be deed fit and proper in the interest of justice.”

[2] From the available records, it appears that the present case is that of a question paper leak of Hindi subject in the S.S.C. Examination Board conducted on 9th April 2022. The said question paper with the answer key came to be leaked before the actual examination is over. Pursuant thereto, an F.I.R. being C.R. No.11821002220082 of 2022 came to be registered on 10th April 2022 with Sanjeli Police Station, District : Dahod for the offence punishable under Sections 406, 409 and 114 of the Indian Penal Code and Sections 72 and 72(A) of the Information Technology Act and the investigation thereon came to be initiated. During the course of investigation, name of the present applicant came to be revealed. The Investigating Agency has, thereafter, filed chargesheet on 7th June 2022 against the present applicant along with other co-accused persons for the offence punishable under Sections 406, 409, 201 and 114 of the Indian Penal Code and Sections 72 and 72(A) of the Information Technology Act, 2000 and Sections 43(2),(a) (b),(c),(d),(4) of the Gujarat Secondary and Higher Secondary Education Act, 1972 and Regulations, 1974. The concerned learned Magistrate has, thereafter, framed charge against the present applicant along with other co-accused persons vide order dated 13th July 2022 passed in Criminal Case No.170 of 2022.

[3] Being aggrieved and dissatisfied with the aforesaid order of framing charge passed by the learned Magistrate, the present applicant has approached this Court with the present application.

[4] I have heard Mr. Rajesh Soni, learned advocate for the applicant and Mr. Pranav Trivedi, learned A.P.P. for the respondent – State of Gujarat.

[5] Mr. Soni, learned advocate submitted that the learned Magistrate has committed a serious error in framing charge against the present applicant. Mr. Soni submitted that the learned Magistrate has not properly appreciated the materials collected during the course of investigation and produced by way of chargehseet, and thereby, caused serious miscarriage of justice. Mr. Soni submitted that on bare perusal of chargesheet papers, the involvement of the present applicant in the alleged offence is not established, and thereby, the learned Magistrate could not have framed charge against the present applicant. Mr. Soni further submitted that the present applicant has been implicated in the alleged offence merely on the basis of the statement of co-accused, therefore, without any substantive material produced on record, the learned Magistrate could not have framed charge against the present applicant.

[6] Mr. Soni, to substantiate his aforesaid contentions, relied upon the judgement of the Coordinate Bench of this Court in the case of Satishchandra Ratanlal Shah vs. State of Gujarat [R/Criminal Miscellaneous Application No.4033 of 2012 decided on 12th April 2018]. [7] By making the above submissions, Mr. Soni prays this Court to allow the present application as prayed for.

[8] Per contra, Mr. Pranav Trivedi, learned A.P.P. for the respondent – State of Gujarat has vehemently opposed the present application contending that the order passed by the learned Magistrate is perfectly justified and based on material evidence collected during the course of investigation. The learned A.P.P. submitted that the