SRINAGAR The J&K High Court has dismissed a petition by a juvenile and her father, seeking quashing of charge-sheets against them in connection with CET-2012 scam, allegedly engineered by then BOPEE chairman Mushtaq Ahmad Peer who was recently convicted and sentenced to undergo imprisonment for 16 years and fined Rs 1 crore.
The petitioners had sought dismissal primarily on the ground that the accusations against them do not constitute commission of any offence inasmuch as prosecution has no legal evidence, which can warrant their conviction.
In the charge-sheet filed by the State Crime Branch Police after investigation in FIR No. 24/2013 of Police Station, Crime Branch, Kashmir under sections 5(1) (d) read with 5(2) P.C. Act and 420, 201, 120-B RPC, petitioners figured at Serial Nos. 22 and 23 respectively in the array of the accused persons. However, proceedings against petitioner and some others, because of their juvenility, are being held on a separate charge-sheet by the Juvenile Justice Board (Chief Judicial Magistrate), Srinagar where she is stated to be figuring as accused No. 3.
As per prosecution, the conspiracy hatched by Farooq Itoo (broker) with other accused persons regarding sale of CET papers was joined by the two accused persons actively on the evening of 22 June 2012.
In furtherance of the conspiracy, they managed the payment and agreed to pay an amount of Rs. 10.00 lakhs to Farooq Itoo for providing CET papers in advance. The accused father had actually agreed for payment of Rs. 20.00 lakhs, but after seeing the question paper, he resorted to bargaining and settled the deal at Rs. 10.00 lakhs which was paid by him in cash. She had secured only 58% marks in 12th class examination and managed 26th rank in the merit list of CET 2012. She has also failed in the sessional exam and was not allowed to sit in MBBS Ist year examination by the GMC authorities. The father-daughter due acting in such manner fraudulently managed the selection of latter in the MBBS 2012 list as a top ranker by usurping the merit position of the otherwise genuinely qualified candidate. A separate charge was submitted before the competent court for her trial as Juvenile. Her father was convicted recently.
Having regard to the nature of accusation against petitioners 1 and 2 together and the alleged merit position of petitioner No. 1 in the merit list CET, 2012, I am not persuaded to take a view that a case for showing indulgence in terms of section 561-A Cr.P.C. is made out and proceedings against the petitioner No. 1 can be quashed, to say the least, said a bench of Justice Janak Raj Kotwal and dismissed the petition.
The court however directed the Juvenile Justice Board (Chief Judicial Magistrate), Srinagar to have regard to Sub Rules (8), (9) and (10), in particular, Sub Rule (10) of the Rule 15 of the Rules and expedite the proceedings.
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