Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: Bail Matter No. 1428/22, 1444/22 & 1445/22
FIR No. 44/22
PS Cyber Cell
State Vs. Yogesh, Rakesh Kumar & Parveen
U/s 420/120B IPC
13.10.2022
VC has not been working since last two days due to short
circuit.
Present : Sh. S.K. Kain, Ld. Addl. PP for the State.
Sh. B.S. Jakhar and Sh. Mohit, Ld. Counsels for
applicant/accused Yogesh.
Sh. Arun Rathee, Ld. Counsel for applicant/accused
Parveen and Rakesh Kumar.
Sh. Nabab Singh and Sh. Ashok Panigrahi, Ld.
Counsels for complainant.
IO Inspector A.K. Singh in person.
It has been urged on behalf of the applicants/accused
persons that the invigilators were also provided by the
complainant company.
In case, this information is found to be incorrect,
then obvious adverse inference shall be drawn against the
applicants/accused, inasmuch as, the issue is whether the lab was
under complete control of the complainant or whether the
employees of the lab owners were still accessing the same, while
up till the point the exam had started, inasmuch as, it is being
claimed that the lab was in exclusive control of the complainant
company from 2 days before the examination.
Therefore, list of invigilators be verified and
antecedents of the invigilators be also cross checked that whether
they are related with the complainant or the company or the lab,
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needs to be ascertained.
Further, it has been claimed that in the previous
examination also, similar use of unfair means was reported.
IO may cross check whether there is a bigger
conspiracy, involving some employees of the complainant as well
in the entire process.
Till then interim order to continue.
List on 27.10.2022.
(Harjyot Singh Bhalla)
Roster Judge/Addl. Sessions Judge-04,
New Delhi District, Patiala House Courts
New Delhi/13.10.2022
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