[2025:RJ-JD:30780]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4577/2025 Kantu Singh S/o Shri Haliya Damor, Aged About 40 Years, R/o Bhatamhudi Timeda, Bada Tehsil Kushalgarh, District Banswara.

----Petitioner Versus

1. State Of Rajasthan, Pp

2. Mavji S/o Shri Unkar Khat, R/o C95, Mahi Sarovar ,banswara ----Respondents Connected With S.B. Criminal Misc(Pet.) No. 716/2025 Shivlal Charpota S/o Shri Valu Charpota, Aged About 35 Years, R/o Khokharwa, Banswara,raj.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Dist. Education Officer (Primary), Banswara ----Respondents For Petitioner(s) : Mr. Ashok Upadhyay Mr. Ramesh Kumar Mr. Nishant bora For Respondent(s) : Mr. Narendra Singh, PP HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

14/07/2025 By way of filing the instant criminal misc. petitions under Section 528 BNSS, the petitioners have prayed for the following reliefs:-

In S.B. Criminal Misc(Pet.) No. 4577/2025-

“It is, therefore, most respectfully prayed that this petition may kindly be allowed and the impugned FIR No.187/2024 registered at Police Station Kushalgarh, District Banswara, may kindly be quashed and set aside.”

In S.B. Criminal Misc(Pet.) No. 716/2025-

“It is, therefore, most respectfully prayed that this Misc. Petition may kindly be allowed and the entire subsequent investigation arising out of F.I.R. No. 187/2024 for the offences u/s 419, 420, 467, 468 and 471, of IPC, 66D of IT Act 2008 & section 3, 4 & 6 of Rajasthan Public Examination (Prevention Of Unfair Means) Act, 1992 registered at Police Station Kushalgarh, District Banswara and further proceedings may kindly be quashed and set aside.”

2. The petitioners are charged with offences punishable under Sections 419, 420, 467, 468, 471 of IPC, Sections 66-D of Information Technology Act which provides punishment for cheating by personation using any communication device or computer resource as well as Sections 3, 4 and 6 of Rajasthan Public Examination (Prevention of Unfair Means) Act, 2022.

3. As per the prosecution, the petitioners have sent dummy candidates in REET Examination in their places and cleared the same. Thereupon, on the basis of the marks obtained by the dummy candidates in the REET Examination, the petitioners have secured appointment on the post of Teacher, Grade III.

4. Learned counsel for the petitioner submitted that admittedly, the dummy candidates was/were not apprehended in examination hall, rather the case has been registered by the investigating agency against the petitioners after more than five year of their appointment on the post of Teacher Grade III. Learned counsel submitted that prior to appointment of the petitioners on the post of Teacher, they went through D.V. (document verification) process, and personal interview etc., and therefore, the impugned FIR lodged against them on the ground that someone else (dummy candidates) sat in their places in the REET Examination by impersonating them deserves to be quashed and set aside by this Court.

5. This Court looking to the nature of controversy involved in the present case, directed the learned Public prosecutor to call for the factual report.

6. In compliance of the order dated 07.07.2025 passed by this Court, the learned Public Prosecutor has placed on record the factual report dated 07.07.2025 received by him from the office of SHO P.S. Kushalgarh, District Banswara.

7. The factual report indicates that police during the course of investigation has prima facie found that the photographs of the petitioners on their REET Examination application forms do not match with the other documents pertaining to educational qualification submitted by them to the Educational Department. Further, when the police arrested one Deepak Kumar Parmar in connection with the impugned FIR, he has verified the place where the money was exchanged between the parties in his statements recorded under Section 27 of Indian Evidence Act. Further, the factual report indicates that the peti