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Allahabad High Court allows rape accused B Tech student to appear for exams

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The Lucknow Bench of the Allahabad High Court has allowed a B.Tech student in jail on charges of rape to appear in the Dr A.P.J. Abdul Kalam Technical University (AKTU) examination.

The Division Bench of Justice Ramesh Sinha and Justice Ajai Kumar Srivastava-I passed this order while hearing a petition filed by Ganga Prasad Pandey through his brother Vanshidhar Pandey.

Ankit Kumar Pandey, counsel for the petitioner, has made a mention that the B.Tech Final Year Examination 2021-22 of Dr A.P.J. Abdul Kalam Technical University will commence from 07.06.2022 to 11.06.2022 and the petitioner, who is a student of Final Year Examination, is confined in Central Jail, Lucknow in connection with the FIR under Sections 376, 323, 506, 427 IPC, Police Station Sarojni Nagar, District Lucknow, hence he may be permitted to file the petition in the Registry today and prayed that the same be also taken up today on account of the urgency in the matter.

The writ petition has been filed seeking the following reliefs :-

“(i) Issue a writ order or direction in the nature of certiorari quashing the FIR dated 23.05.2022 in Case Crime No. 234/2022 u/s 376, 323, 506, 427 I.P.C, P.S Sarojni Nagar, Lucknow annexed as Annexure No.2 to this writ petition.

(ii) Issue a writ order or direction in the nature of mandamus directing the opposite party No.2 to allow the petitioner to appear in his final year B.tech Exam for academic session 2021-222, which is scheduled w.e.f. 07.06.2022, in the interest of justice.

(iii) Issue a writ, order or direction in the nature of certiorari quashing the order dated 02.06.2022 passed by O.P. No. 2 annexed as Annexure No.1 to this writ petition.

(iv) Any other suitable writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

The Court noted,

After arguing the matter at some length, the counsel for the petitioner has confined his prayer to the extent that the petitioner Ganga Prasad Pandey may be allowed to appear in his B.Tech Final Year Examination 2021-22, scheduled to be held on 07.06.2022, 09.06.2022 and 11.06.2022 at Examination Centre Azad Institute of Engineering & Technology, Lucknow.

He argued that for the aforesaid purpose, the petitioner has moved an application before the Superintendent, Central Jail, Lucknow, but the same has been rejected by the Jailor, Central Jail, Lucknow order dated 02.06.2022 on the ground that there is no rule in the Jail Manual to release the petitioner for the said purpose.

Additional Government Advocate has no objection to the aforesaid prayer made by the Counsel for the petitioner.

“Considering the fact that the petitioner is a student of B.Tech Final Year and his written examination for Academic Session 2021-2022 is scheduled to be held from 07.06.2022 to 11.06.2022 as is evident from Schedule annexed the writ petition and also taking into account the career of petitioner, in the interest of justice, the Court deems it proper to allow the prayer of the petitioner to appear in his final year B.Tech Examination in police custody,” the Court observed.

In view of the aforesaid, the Court directed the Commissioner of Police, Lucknow and Senior Superintendent of Jail, Central Jail, Lucknow to ensure that the petitioner Ganga Prasad Pandey (accused in FIR under Sections 376, 323, 506, 427 I.P.C, Police Station Sarojni Nagar, District Lucknow) shall appear in his B. Tech Examination on 07.06.2022, 09.06.2022 and 11.06.2022 at the given time and place mentioned in the Examination Schedule, in police custody and he shall be brought back to jail immediately after completion of examination on each of the aforesaid three dates.

The Court further directed the AGA to communicate the order to the Superintendent, Central Jail, Lucknow and the Commissioner of Police, Lucknow for information and necessary compliance.

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