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High Court of Punjab and HaryanaCRM-M/34435/2020disposed of

Sunita v. State Of Haryana And Another

2020-10-30Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.34435 of 2020 (O&M) DATE OF DECISION: 30.10.2020 Sunita .....Petitioner versus State of Haryana and another .....Respondents CORAM:- HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Shranav Katyal, Advocate for the petitioner ..

ALKA SARIN, J.: (Oral) Heard through video conferencing.

The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.315 dated 05.09.2015 under Sections 419, 420, 120-B of the Indian Penal Code, 1860 (IPC) (later on Sections 468, 471 IPC were added) registered at Police Station Sadar Hansi, District Hisar.

Learned counsel for the petitioner relies upon the order passed by this Court in CRM-M No.837 of 2017 dated 24.07.2017 to contend that in a similarly situated case this Court had directed that the signatures and thumb-impressions of the petitioner therein be re-examined by the Central Forensic Science Laboratory, Chandigarh (CFSL). Learned counsel for the petitioner would further contend that at this stage he would be satisfied if a similar direction is given in the present case. Notice of motion.

On the asking of the Court, Ms. Dimple Jain, Assistant Advocate General, Haryana has joined the session through video conferencing and accepts notice on behalf of both the respondents. PARKASH CHAND 2020.11.02 10:31 I attest to the accuracy and integrity of this document

CRM-M No.34435 of 2020 - 2 - Learned State counsel has no objection if the present case is disposed of in terms of the order dated 24.07.2017 in CRM-M No.837 of 2017.

The allegations in the present FIR are that the petitioner, who was selected as a JBT Teacher, had not taken the exam herself and in fact someone had impersonated and taken the exam on her behalf. It is further the case that although her specimen signatures and thumb-impressions have been examined by the Forensic Science Laboratory, Madhuban, District Karnal, however, in a bail application bearing CRM-M-No.12466 of 2016 titled: Raj Kapoor vs. State of Haryana, this Court had directed the Investigating Officer to get the signatures of the petitioner therein examined by CFSL, Chandigarh.

In view of the above and in view of the limited prayer made by the learned counsel for the petitioner, the present petition is disposed off with a direction to respondent No.1 to take fresh thumbimpressions/signatures of the petitioner and send them to CFSL, Chandigarh for comparison with the specimen on the Application Form, OMR Sheet, Attendance Sheet and on any other documents where such signatures or thumb-impressions were appended and thereafter take action in accordance with law on the basis of the report of the CFSL, Chandigarh in this regard.

(ALKA SARIN) JUDGE 30.10.2020 parkash NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO PARKASH CHAND 2020.11.02 10:31 I attest to the accuracy and integrity of this document