Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 16385 of

2020

Petitioner :- Abhishek Khare

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Manoj Kumar Srivastava

Counsel for Respondent :- G.A.

Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Rajendra Kumar-IV,J.

Supplementary affidavit filed on behalf of petitioner is taken on

record.

This petition has been filed with the prayer to quash the FIR

registered as Case Crime No.0266 of 2020, under Sections 419,

420 IPC and 3 & 10 Pariksha Adhinium, 1982 and 66 & 66-D

Information Technology Amended Act, 2008, Police Station

Industrial Area, District Prayagraj on the ground that the FIR

allegations are absolutely false.

Learned Counsel for the petitioner placed reliance upon the

previous order passed by this Court on 21.01.2021 which is

reproduced herein below :-

"Heard learned counsel for the petitioner and learned A.G.A.

This writ petition has been filed praying for the following

reliefs:

"i. issue a writ order or direction in the nature of certiorari

quashing the impugned F.I.R. dated 06.10.2020 registered in

Case Crime No.0266 of 2020 under Section 419, 420 IPC, 3 &

10 Pariksha Adhinium 1982 and 66 & 66-D Information

Technology amended Act 2008, P.S. Industrial Area District

Prayagraj.

ii. to issue a writ order or direction in the nature of mandamus

commanding and directing the respondent authorities not to

arrest the petitioner in Case Crime No.0266 of 2020 under

Section 419, 420 IPC, 3 & 10 Pariksha Adhinium 1982 police

station Industrial Area District Prayagraj."

As per the impugned First Information Report, the informant

STF received information on 5.10.2020 at Civil Lines that

'CCC' examination is going on at Examination Centre

Chandrakala Universal Private Ltd., Industrial Area Naini with

the help of solvers and if immediate action is taken then the

culprits may be caught. As per the F.I.R. version respondent

No.3 along with Chauki Incharge, Sandawa Police Booth, Sub

Inspector Sri B.N. Pandey and other police personnel reached

the aforesaid Institution and found that on the first floor

examination of 'CCC' was going on. They reached on the

second floor, where the petitioner and 12 other persons were

found allegedly involved in solving papers online. A search was

made on 3-00 A.M. on 6.10.2020 and the petitioner and 12

other persons were arrested on 3--00 A.M. on 6.10.2020. The

First Information Report was registered as F.I.R. No.266 dated

6.10.2020 at 7:51 hours.

Learned A.G.A. submits that some time may be granted to

obtain instructions and to bring on record the following facts:

(i) Time Schedule and date of the examination of 'CCC' in

question which was being conducted by National Institution of

Electronics and Information Technology(NIELIT)earlier known

as DOEACC.

(ii) The date and time of arrest of students, if any.

(iii) Particulars of G.D with regard to rawangi and amad of

police personnel in the matter of the search in question, who

accompanied respondent no.3 as per the impugned First

Information Report.

Put up on 25.01.2021 as fresh."

On the basis of aforesaid observation, learned Counsel for the

petitioner states that the FIR is absolutely false inasmuch as the

search was made at 03:00 AM which was not the time during

which the examination itself was scheduled. It is also contended

that the FIR allegations otherwise are wholly improbable.

Pursuant to the above observation of this Court, a counter

affidavit has been filed on behalf of respondent nos. 1, 2 and 3

stating that the accused petitioner was present in the premises of

Chandrakala Centre at 03:00 to 03:15 PM when police raided

the examination centre on 05.01.2020 at 03:00 PM. Petitioner is

alleged to have been impersonating in place of one Vinod

Kumar Gupta. The video recording as well as photographs of

the accused applicant are stated to be available with the

respondents and such material are also annexed along-wi