AI Structured Summary
Not yet generated for this judgment
Judgment
Prafulla C. Pant, J.—Heard.
By means of this writ petition moved under Article 226 of Constitution of India, the Petitioners have sought quashing of First Information Report No. 247 of 2011, dated 14.09.2011, registered at Police Station-Haldwani, District Nainital, relating to offences punishable u/s 420, 467 of Indian Penal Code.
It is pleaded on behalf of the Petitioners that Petitioners have committed no cheating or forgery in getting admitted in the M.B.B.S. course of the Medical College. However, the First Information Report, lodged by the Principal of the Government Medical College, discloses that after receiving the report of the forensic experts, comparing thumb impression of the person appeared in the examination, and the person, who got admitted did not tally, as such the fraud got discovered. It is the matter of investigation, whether the Petitioners have actually committed crime or not.
Therefore, in the facts and circumstances of the case, this Court is not inclined to interfere with the investigation of the case, nor can it be said, that it is a fit case for quashing of the First Information Report. Therefore, the writ petition is dismissed summarily, with the observation that if the Petitioners namely Mohd. Kasim Khan and Akash Shukla surrender before the court concerned, their bail application shall be heard and disposed of without unreasonable delay (Stay application No. 9952 of 2011, stands disposed of).
