Rajeev Nayan Mishra Vs Deputy Director (Appellate Tribunal under SAFEMA, New Delhi)
Signed Acknowledgment of RUDs Cannot Be Disowned Two Months Later Without Any Complaint Against the Serving Officer: SAFEMA
Summary: The Appellate Tribunal under SAFEMA has upheld the attachment of property connected with the alleged leakage of the Uttar Pradesh Police Constable Recruitment Examination question papers.
The Tribunal rejected the appellant’s contention that the relied-upon documents were not furnished to him while he was in judicial custody. Once the appellant had signed an acknowledgment recording receipt of the envelope, he could not deny delivery nearly two months later without having made any contemporaneous complaint against the police official who served it.
Background of the case
An FIR was registered on 06.03.2024 concerning the leakage of the question papers of the Uttar Pradesh Police Constable Recruitment Examination scheduled for February 2024.
The offences alleged included cheating, forgery and criminal conspiracy under Sections 420, 467, 468 and 120-B of the IPC, apart from offences under the Uttar Pradesh Public Examination Act, 1998.
The Special Task Force conducted an investigation and filed a charge sheet against 18 persons, including the appellant, Shri Rajeev Nayan Mishra.
According to the prosecution, a group of persons connected with the logistics company responsible for transporting the question papers obtained access to the sealed boxes stored in a warehouse in Ahmedabad. The boxes were allegedly opened, the question papers photographed using mobile phones and thereafter resealed.
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