Sec.482 Cr.P.C. - Section 8 of the Andhra Pradesh Public Examination (Prevention of Malpractice and Unfair Means) Act, 1997 - Part B question Paper was missed ( said to be distributed to A1 along with other students by A2 an invigilator ) - Charge - she was negligent in performing the invigilation duties. - Their Lordships held that Mere negligence in performing invigilation duties, does not attract the offence set-forth in the Act. Therefore, in absence of any allegation that the petitioner herein has committed the offence set out in Section 5 of the Act, she cannot be subjected to prosecution for which the penalty has been provided under Section 8 of the Act.- Quashed the criminal proceedings - 2015 Telganga & A.P. msklawreports


Law :- Sec.482 of Cr.P.C.
Sub :- Quash the criminal proceedings
Offence :-Section 8 of the Andhra Pradesh Public Examination
(Prevention of Malpractice and Unfair Means) Act, 1997
Summary :-
 The investigation revealed that
clandestinely question paper Part-B has been removed from the
exam hall and it was passed on to Accused No.1 for eventually
facilitating in malpractice. However, the police after investigation,
filed the charge-sheet.
  The petitioner (A-2) along with A-1 is sought to be proceeded
against under Section 8 of the Andhra Pradesh Public Examination
(Prevention of Malpractice and Unfair Means) Act, 1997 (Act for
short).

    Section 5 of the Act reads as under:
Prevention of leakage by person entrusted with
examination works:
No person who is entrusted with any work pertaining to a
public examination shall, except where he is permitted by
virtue of his duties so to do, directly or indirectly divulge or
cause to be divulged or make known to any other person
any information or part thereof which has come to his
knowledge by virtue of the work being so entrusted to him.

Held that
The allegation leveled against the petitioner herein was that
she was negligent in performing the invigilation duties. It is not the
case of the prosecution that the petitioner has either directly or
indirectly divulged or made known any information relating to the
public examination, which has come to her knowledge. Mere
negligence in performing invigilation duties, does not attract the
offence set-forth in the Act. Therefore, in absence of any allegation
that the petitioner herein has committed the offence set out in
Section 5 of the Act, she cannot be subjected to prosecution for
which the penalty has been provided under Section 8 of the Act.
Since, the allegations contained in the charge-sheet against the
petitioner herein do not disclose commission of offence spelt out in
Section 5 of the Act, the petitioner cannot be proceeded against.
Hence, the charge-sheet to the extent of the petitioner herein is
quashed.

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