SupremeToday Landscape Ad
Back
Next
Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content
Listen Article Pause Article
judgment-img

2026 Supreme(Online)(Raj) 15580

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Farjand Ali, J
PRAMILA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
S.B. Criminal Miscellaneous (Petition) No. 1256/2026



Important Points

The court will not quash an FIR under Section 528 BNSS if investigative material prima facie discloses cognizable offences, particularly in cases of public examination fraud, as factual disputes regarding evidence cannot be adjudicated during quashment proceedings.

Subject

Criminal - Quashment of FIR

Act Referred

Headnote

The petitioner sought quashment of FIR No. 56/2025 under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for offences under Sections 419, 420, 467, 468, 471, and 120-B of the IPC and Sections 3, 6, 7, and 10 of the Rajasthan Public Examination (Prevention of Unfair Means) Act. The case involves allegations that a dummy candidate appeared in the Forest Guard Recruitment Examination, 2020, on behalf of the petitioner and that the petitioner concealed a prior criminal case (FIR No. 125/2021) during police verification. The court found that the investigative material prima facie discloses the commission of cognizable offences. The primary issue is whether the FIR and consequential proceedings should be quashed under the inherent jurisdiction of the court. The court reasoned that while exercising jurisdiction under Section 528 BNSS, it is not expected to conduct a "meticulous roving enquiry" into the truthfulness of allegations when an investigation is underway. It held that allegations involving the manipulation of public examinations strike at the "foundation of transparency, fairness and institutional integrity," and factual disputes regarding the identity of the dummy candidate require evidence appreciation at trial, not at the quashment stage. Accordingly, the instant Criminal Misc. Petition, being devoid of merit, stands dismissed.

Advocates:
For the Appellants/Petitioners: J.K. Suthar, Shaitan Singh
For the Respondents: Surendra Bishnoi, Sahana Khan

Table of Content
1. allegations of impersonation and concealment of criminal history in public recruitment. (Para 1 , 2)
2. scope of inherent jurisdiction under section 528 bnss in criminal matters. (Para 3 , 4)
3. dismissal of petition when prima facie case is established. (Para 5 , 6)

ORDER

BY THE COURT:-

1. The instant Criminal Misc. Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred by the petitioner seeking quashment of FIR No.56/2025 registered at Special Police Station, ATS & SOG, Rajasthan, for offences punishable under Sections 419, 420, 467, 468, 471 and 120-B IPC as well as Sections 3 , 6, 7 and 10 of the Rajasthan Public Examination (Prevention of Unfair Means) Act, along with all consequential proceedings arising therefrom.

2. The brief facts giving rise to the present petition, as borne out from the record, are that the Special Operations Group was conducting investigation into allegations pertaining to deployment of dummy candidates and adoption of unfair means in the Forest Guard Recruitment Examination, 2020 conducted by the Rajasthan Subordinate and Ministerial Services Selection Board. During the course of such investigation, it allegedly surfaced that another person had appeared in the written examination in place of the petitioner, thereby facilitating her unlawful selection to the post of Forest Guard.

2.1. On the basis of material collected during preliminary enquiry, FIR No.56/2025 came to be registered against the petitioner on 26.11.2025. The allegations against the petitioner principally rest upon the circumstance that the photograph and signatures uploaded in the online application form did not correspond with the photograph and signatures appearing upon the admit card and examination documents. It further transpired during investigation that earlier FIR No.125/2021 had also been registered against the petitioner for offences under Sections 419, 420, 468 and 120-B IPC in connection with the REET Examination, 2021, wherein allegations had been levelled that another candidate namely Ananya Choudhary alias Jhummee was intended to appear in place of the petitioner by affixing her photograph upon the admit card. It is further borne out from the record that during investigation, the service record and police verification documents of the petitioner were scrutinized and it was allegedly found that the petitioner had concealed information regarding the earlier criminal case while securing appointment on the post of Forest Guard. The petitioner was summoned by the Investigating Agency and upon joining investigation, she asserted that the alleged dummy candidate was intended to appear on behalf of her sister and not for herself. She further contended that in the online application form she was only required to disclose prior conviction and since she had never been convicted by any competent court of law, she furnished the response in the negative.

2.2. The report submitted by the Additional Superintendent of Police, SOG, further reveals that the petitioner had uploaded her own photograph and signatures while submitting the online application form for the Forest Guard Recruitment Examination, 2020, however, at the time of written examination conducted on 13.11.2022 at B.N. P.G. Girls College, Kankroli, Rajsamand, a dummy candidate was allegedly made to appear in her place. The investigation further indicates that the attendance sheet and OMR records procured from the Rajasthan Staff Selection Board prima facie substantiate the allegation that impersonation was resorted to during the examination process.

2.3. It has also been alleged that pursuant to such unlawful means, the petitioner ultimately secured selection to the post of Forest Guard and is presently serving under the office of Deputy Conservator of Forests, Sirohi. The investigation attributes to the petitioner and the dummy candidate a concerted criminal conspiracy aimed at i

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top