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Manish Dhamija v. Union Territory,Chd. - CRM-41472-M-2006 [2006] RD-P&H 4576 (21 July 2006)


Crl.Misc.No.41472-M of 2006

Manish Dhamija Vs. Union Territory,Chd.

Present : Mr. Atul Lakhanpal, Advocate, for the petitioner.

Mr. D.D.Sharma, Advocate for U.T.,Chandigarh.

Prayer in this petition is, for the grant of anticipatory bail in case FIR No.0097 dated 2.7.2006, registered under Sections 379,420,120-B of the Indian Penal Code at Police Station, Sector 19, Chandigarh.

As per allegations disclosed in the FIR, a member of an N.G.O.

informed the police control room, of the sale of question papers outside New Public School, Sector 18, Chandigarh, for an examination, to be conducted by Insurance Institute of India, Mumbai. The police arrested Munish Sharma and Ms. Jatinder Kaur, employees of M/s Tauras Institute of Insurance, Ludhiana. Munish Sharma disclosed, during interrogation that he had been sent by the petitioner, to entrust the question papers, duly solved to Ms. Jatinder Kaur, who in turn was to sell the papers to prospective candidates.

Counsel for the petitioner contends that the petitioner is being falsely implicated, on the basis of a statement of a co-accused. He is an employee of M/s Tauras Institute of Insurance and, therefore, has no role to play in the alleged offence.

Counsel for the respondent on the other hand submits that the petitioner, is an integral part of the conspiracy, to leak examination papers and sell them to prospective candidates. The petitioner's arrest is necessary, to enable the police, to unravel the details of the offences committed.

I have heard learned counsel for the parties and perused the paper book.

In view of the fact that the petitioner is accused of selling examination papers, I am of the opinion that relief, as prayed for, can not be granted. The petitioner is accused of a serious offence, namely; selling examination papers of an exam to be conducted. Unscrupulous elements have perfected the method of procuring and selling examination papers.

In view of the allegations levelled, the present petition is dismissed.

25.7.2006 ( RAJIVE BHALLA )



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