The State Of Jharkhand vs. Jwala Prasad

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.2659 OF 2023 (@ Out of SLP(Crl.) No.8591/2022)

THE STATE OF JHARKHAND

Petitioner(s)

VERSUS

JWALA PRASAD & ORS.

Respondent $(s)$

WITH

CRIMINAL APPEAL NO.2660 OF 2023 (@ Out of SLP(Crl) No. 8592/2022)

CRIMINAL APPEAL NO.2661 OF 2023 (@ Out of SLP(Crl) No. 10393/2022)

ORDER

Leave granted.

Heard the learned counsel appearing for the parties.

been filed by the appellant These appeals have aggrieved against the impugned order dated 13.12.2021 passed by the High Court of Jharkhand at Ranchi in SignaCrick W.P. No.1079/2018 by which the First Information Date: 2020-00 04<br>Rease Readport registered against the respondents for the offence punishable under Sections 406, 409, 418, 420, 120B of the

IPC read with Sections 3 & 4 of the Jharkhand Conduct of Examination Act, 19811 is set aside.

Learned counsel appearing for the appellant submitted that the investigation made reveals that the question papers were leaked in the first examination conducted for Class IV employees which was duly utilized by the respondents in connivance with other accused. The reexamination conducted where 16 questions were exactly the same, 34 others were of similar nature as that of previous examination reveals obtaining of lower marks by the respondents.

It is further submitted that there is no specific provision containing a non-obstante clause giving the over-riding effect in favour of the Jharkhand Conduct of Examination Act, 2001.

Learned senior Counsel appearing for the respondents submitted that even otherwise the offences alleged under Section 406, 409, 418, 420 and 120B of the IPC are not made out and one has to see the impact of the order passed by the Writ Court.

Upon hearing the learned counsel appearing for the

<span id="page-1-0"></span>1 1981 Act.

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parties and on perusing the impugned order, we find that the only reason upon which the impugned order was passed was on the ground that in view of the existence of Section 3 & 4 of the Jharkhand Conduct of Examination Act, 2001, the respondents ought not to have been charged with the offences punishable under the IPC.

The aforesaid reasoning in our considered view is contrary to law. Sections 3 and 4 of the Jharkhand Conduct of Examination Act, 2001 do not prohibit the invocation of the provisions of the IPC. There is no specific provision contained in the said Act as was found under the Information Technology Act, 2000 with particular reference under Section 81, which is duly taken note of by this Court in Sharat Babu Digumarti vs. Government (NCT of Delhi)2. In such view, we are inclined to set aside the impugned order and remit the matter back for reconsideration as no other ground has been taken into consideration. It will be open for the parties to raise all the contentions including the effect of the order passed in the writ petition.

<span id="page-2-0"></span> We request the High Court of Jharkhand to dispose of

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the Cr.M.P. No. 1079/2018 within a period of three months from today.

Taking into consideration of the fact that the respondents are in employment as of now, the status quo as on today shall be maintained.

The appeals are allowed accordingly.

Pending application(s), if any, also stand disposed of.

..……………………J. [M.M. SUNDRESH]

..……………………J. [J.B. PARDIWALA]

New Delhi September 01, 2023

ITEM NO.49 COURT NO.16 SECTION II-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 8591/2022

(Arising out of impugned final judgment and order dated 13-12-2021 in CRMP No. 1079/2018 passed by the High Court Of Jharkhand At Ranchi)

THE STATE OF JHARKHAND Petitioner(s)

VERSUS

JWALA PRASAD & ORS. Respondent(s)

(FOR ADMISSION and I.R. IA No. 123386/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; IA No. 123388/2022 - EXEMPTION FROM FILING O.T.)

WITH

SLP(Crl) No. 8592/2022 (II-A) (IA No. 125063/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT;IA No. 125064/2022 - EXEMPTION FROM FILING O.T.)

SLP(Crl) No. 10393/2022 (II-A) (FOR ADMISSION and I.R.)

Date : 01-09-2023 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE J.B. PARDIWALA

• For Petitioner(s) Mr. Arunabh Chowdhury, Sr. Adv. Ms. Pragya Baghel, Adv. Mr. Jayant Mohan, AOR Mr. Karma Dorjee, Adv. Mr. Dechen Wangdi Lachungpa, Adv. Ms. Adya Shree Dutta, Adv.
• For Respondent(s) Mr. Siddharth Dave, Sr. Adv. Ms. Mrigna Shekhar, Adv. Ms. Arushi Singh, Adv. Mr. Sunny Choudhary, AOR
• Mr. Pramod Kumar Tiwari, Adv.
• Ms. Kajal Kaur, Adv.
• Mr. Ashutosh Bhardwaj, Adv.

Mr. Y.P. Singh, Adv. Mr. Prateek Rai, Adv. Mr. Vishwa Pal Singh, AOR

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeals are allowed in terms of signed order. Pending applications, if any, shall stand disposed of.

(INDU MARWAH) (RAM SUBHAG SINGH) COURT MASTER (SH) COURT MASTER (NSH) (signed order is placed on the file)