SHIMLA: In a matter pertaining to the police constable recruitment examination question paper leak case, the High Court of Himachal Pradesh on Wednesday dismissed a petition for quashing FIR registered at Police Station CID, Bharari in Shimla district.
The Bench Comprising of Justice Tarlok Singh Chauhan and Justice Satyen Vaidya passed this order on a petition filed by Ranjeet Kumar, resident of Nalanda district, Bihar (presently in jail), kingpin in question paper leak in Police Constable Recruitment Exam, for quashing the FIR registered against him at Police Station CID , Bharari, being illegal and unlawful.
A case was registered at Police Station Gaggal in Kangra district on May 5 this year under Sections 420 and 120-B of the IPC alleging (first FIR) inter-alia that the question paper meant for written examination scheduled to be conducted during recruitment process for the posts of Constables and Drivers in Police Department was leaked a day or two before the date of examination that is March 27 this year. Many persons were suspected to be involved in the criminal conspiracy and commission of offence. During the investigation of case some arrests were made.
The involvement of petitioner Ranjeet Kumar was also found and he was also arrested on June 9. Petitioner remained in custody in above said case till July 31 and released on bail on August 1.
During the course of investigation of 1st FIR certain facts were stated to have been discovered during the interrogation of the accused persons revealing intra district ramification of the scam.
The Superintendent of Police, Kangra had apprehended the possibility of jurisdictional issues of trial courts and since CID Police Station Bharari exercised jurisdiction all over the State, it was requested to register the case keeping in view possible legal implications. Accordingly, on May 7 another FIR (2nd FIR), under Sections 420 and 120-B of the IPC was registered at Police Station CID , Bharari in Shimla.
After his release on bail in 1st FIR, petitioner Ranjeet Kumar was arrested in 2nd FIR on August 2 and he had approached the High Court alleging violation of his constitutional and statutory rights. Court had ordered the respondent to file reply. In response thereto, respondent submitted a status report on August 10 wherein it was stated that during investigation, it was found that petitioner was the kingpin who had managed the entire affair at Chandigarh and provided solved question paper on Whatsapp. In such circumstances, the arrest of petitioner was found necessary in 2nd FIR and was accordingly arrested on August 2.
The contention of the counsel for petitioner was that 2nd FIR is bad in law in as much as it is nothing but continuation of 1st FIR. The subject matter in both the FIRs is identical and overlapping, therefore, the arrest of petitioner in 2nd FIR is illegal. It was further contended that the petitioner has already remained in custody for more than 50 days in 1st FIR on the same very allegations and prayed for quashing of 2nd FIR.
However, the court dismissed the petition on the ground that question paper was leaked, a scam has been detected and involvement of various channels has been discovered. The cheating and fraud committed at separate places in respect of separate persons will constitute separate offences. The court held that the second FIR was permissible in the facts of instant case as the prima facie complicity of petitioner was found.
