Chandigarh, December 17
Nearly three years after a school principal in Gurdaspur district and her husband were accused of pressuring the staff to allow cheating during a Class XII examination, the Punjab and Haryana High Court has quashed an FIR registered against them.
The orders by Justice Sabina came on a petition filed by principal of Model Senior Secondary School Davinder Kaur and her husband Surjit Singh against the state of Punjab and another respondent.
The duo was booked after complainant Johar Singh, performing the duties of controller at the examination centre on March 17, 2011, alleged that the petitioners pressured him to allow the students to cheat. As per the FIR, superintendent and controller Arvind Kumar was also attacked by the students.
Their counsel Ramdeep Partap Singh claimed that the perusal of the FIR made it clear criminal offence had not been committed by the petitioners. Otherwise also, her husband was working as a deputy manager with a nationalised bank and had no concern with the school run by his wife.
On the day of occurrence, he was present in the bank. Opposing the plea, complainant’s counsel, on the o
ther hand, argued the petitioners were pressuring him to allow the students to commit cheating during the examination.
Taking up the matter, Justice Sabina observed the examination was conducted as per proper procedure; and was not even cancelled. “Further, as per the FIR, Arvind Kumar was attacked by the students. In case, some students had attacked Arvind Kumar after the examination and outside the gate, the petitioners cannot be held liable for the same.
“Admittedly, there is no medical evidence on record qua injuries suffered by Arvind Kumar. Since a perusal of the FIR itself does not lead to the inference that the petitioners had committed any criminal offence, continuation of criminal proceedings against the petitioners would be nothing but an abuse of process of law”.
Nearly three years after a school principal in Gurdaspur district and her husband were accused of pressuring the staff to allow cheating during a Class XII examination, the Punjab and Haryana High Court has quashed an FIR registered against them.
The orders by Justice Sabina came on a petition filed by principal of Model Senior Secondary School Davinder Kaur and her husband Surjit Singh against the state of Punjab and another respondent.
The duo was booked after complainant Johar Singh, performing the duties of controller at the examination centre on March 17, 2011, alleged that the petitioners pressured him to allow the students to cheat. As per the FIR, superintendent and controller Arvind Kumar was also attacked by the students.
Their counsel Ramdeep Partap Singh claimed that the perusal of the FIR made it clear criminal offence had not been committed by the petitioners. Otherwise also, her husband was working as a deputy manager with a nationalised bank and had no concern with the school run by his wife.
On the day of occurrence, he was present in the bank. Opposing the plea, complainant’s counsel, on the o
ther hand, argued the petitioners were pressuring him to allow the students to commit cheating during the examination.
Taking up the matter, Justice Sabina observed the examination was conducted as per proper procedure; and was not even cancelled. “Further, as per the FIR, Arvind Kumar was attacked by the students. In case, some students had attacked Arvind Kumar after the examination and outside the gate, the petitioners cannot be held liable for the same.
“Admittedly, there is no medical evidence on record qua injuries suffered by Arvind Kumar. Since a perusal of the FIR itself does not lead to the inference that the petitioners had committed any criminal offence, continuation of criminal proceedings against the petitioners would be nothing but an abuse of process of law”.
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