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HIGH COURT OF UTTARAKHAND
Sharad Kumar Sharma, J
Dimple and others – Appellant
Versus
State of Uttarakhand and another – Respondent
| Table of Content |
|---|
| 1. applicants' summoning for trial in unfair means case. (Para 1 , 2) |
| 2. definitions of examinee and unfair means in the act. (Para 3 , 4) |
| 3. non-naming in fir does not eliminate liability. (Para 5 , 11) |
| 4. emotional repercussions do not influence legal outcomes. (Para 12 , 13) |
| 5. application dismissed for lack of merit. (Para 14 , 15) |
JUDGEMENT
Hon’ble Sharad Kumar Sharma, J.
The present applicants were the prospective candidates, who were suppose to participate in the process of selection being conducted by the State Public Service Commission, for the post of Lekhpal and Patwari. As against them, the proceedings by way of a Special Sessions Trial No. 19 of 2023, State Vs. Sanjeev Prakash Chaturvedi and others, have been drawn to be tried for the offences under Section 3/9 of the Uttar Pradesh and Uttarakhand Public Examinations (Prevention of Unfair Means) Act, 1998, (hereinafter to be called as an “Act of 1998)”.
2. In pursuance to the initiation of the aforesaid proceedings, the summoning order has been issued as against th the present applicants, being summoning order dated 6 April, 2023, whereby they have been summoned to be tried for the offence under Section 3/9 of
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