O R D E R :

This Criminal Petition is filed by the petitioner-accused No.5 to quash the proceedings in C.C.No.358 of 2024 on the file of learned XIV Additional Metropolitan Magistrate at Hayathnagar, registered for the offences punishable under Sections 419, 420 of the Indian Penal Code, 1860 and Section 8 of Telangana State Public Examinations (Prevention of Malpractices and Unfair Means) Act, 1997 (for short ‘the Act’).

2. The brief facts of the case are that, on 19.02.2024 the Police received information that some persons were present in Venkateshwara Lodge in Room No.206, Hayathnagar to attend the Abroad English Qualifying Exam one and cheating the Duolingo Online Exam by taking the money. Immediately, the Superior Officers rushed to the said premises and found seven members, they enquired their details as A1-Kandakatla Praveen Reddy, A2-Trivedi Harinath, A3-Banala Krishna Prasad, A3-Banala Krishna Prasad, A4-Edavelli Aravind Reddy, A5-Nenawat Santhosh Kumar, A6-Malladi Naveen Kumar and A7-Alakuntla Vinay. They admitted their plea stating that, accused Nos.4 and 5 are preparing to go to their higher studies in small Universities in USA. For that, they want English language skills for Duolingo Exam Online. They have completed Reading, Listening and Speaking, but they have given only Rs.5,000/- to each one for Writing in Speed and cheating by attending another Writing exam in speed instead of Duolingo Exam Online. The complainant seized 5 Laptops, 7 Smart Cell Phones and 4 Passports from them through concession-cum-seizure panchanama.

3. Heard Sri Naraparaju Avaneesh, learned counsel appearing on behalf of the petitioner and Sri S. Ganesh, learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State.

4. Learned counsel for the petitioner submitted that the petitioner completed B.Tech during the year 2019-2023 in Electronics and Communications (ECE) and he is with an intention to pursue Post-Graduation and in Overseas, he applied for Duolingo English Test on 12-02-2024. It is further submitted that the English Test is operated and conducted by Duolingo, Incorporation which is a private company having headquarters in Pittsburgh, Pennsylvania, USA and the said test is used as proof of English proficiency for the aspirant students who wish to pursue their studies in foreign countries and the same is recognized and is commonly accepted for admissions in almost all the Universities in foreign nations. Further, it is stated that the test is conducted online consisting of four modules i.e., Listening, Speaking, Reading and Writing and the test results only signifies the ability of the aspirant students in English. According to the petitioner, he applied for online English proficiency test in Duolingo on 12.02.2024 by paying test fee of Rs.4,900/- (Rupees four thousand and nine hundred only) and as per the rules of the test, the test-taker such as the petitioner can take the test within 21 days from the date of application. On 12.02.2024, when the petitioner tried to take test, however, the test was interrupted due to technical issues and that the petitioner sought the help of accused Nos.1 to 3, who are also fellow aspirant students who took the said test.

5. It is further submitted that accused No.4, who is the friend of the petitioner, also applied for the said test, due to such acquaintance, the petitioner and accused No.4 have decided to take the said test at a common venue with the assistance of accused Nos.1 to 3. In accordance with the terms and conditions of the said test, since the petitioner could not completed the said test on 12.02.2024 due to technical issues, accused Nos.1 to 3 have suggested the petitioner to come to Sree Venkateshwara Lodge, Hayathnagar, Ranga Reddy District. It is pertinent to mention that the petitioner has appeared for the said test as per the rules envisaged by the Duolingo Incorporation on 19.02.2024 at around 9:45 a.m and finished the test by 10:43 a.m and it is also not out o