On the basis of information police raided the Scorpio vehicle near Vidhi Chandra Dharamshala THE HIGH COURT OF MADHYA PRADESH Criminal Revision No. 659/2018 (Pintu Singh Tomar and others Vs.State of M.P. and others) 2 Gwalior, seized incriminating documents under Zero FIR, detained ten persons, thereafter registered Crime No. 648/2012 on 30/09/2012, at Police Station Padav under Section 120B, 419 and 477 IPC.It was revealed during the investigation that MP Police had seized the 37 incriminating documents by raiding the Scorpio vehicle at around 1000 Hrs. including the Scorpio, detained the 10 persons sitting in the Scorpio, and brought 10 persons to the Police Station.All the documents were recovered from the vehicle.On arrival at the PS, a General Diary Entry No. 2045 at 1435 hours was made explaining the circumstances of the raid and thereafter, the instant Padav PS Case No. 648/2012 was registered on the 30/09/2012 against the 10 persons who were arrested u/s 120B, 419 & 477 of IPC vide subsequent General Diary Entry No. 2046 at 1445 hours on the same day.The documents seized by the local police also contained the Test Admit Cards of 31 candidates of PCRT- 2012 and some original Mark sheets, Domiciles certificate, etc. of other persons.Shri Vivek Khedkar, learned Asstt.Solicitor General for the respondent no.2-CBI.(1) This criminal revision at the instance of accused persons is directed against the order dated 13.12.2017 passed by the Trial court declining to accept the closure with a direction that the trial shall continue.Bharat Singh, Constable and Vinod Singh, Head THE HIGH COURT OF MADHYA PRADESH Criminal Revision No. 659/2018 (Pintu Singh Tomar and others Vs.However, with the matter being transferred to Central Bureau of Investigation, the investigation was further continued.That a supplementary report in final form was filed by the CBI on 21/07/2017 proposing closure of the case for want of prosecutable evidence on the ground that :"(a) There is no entry in the GD showing the departure of the raiding party on 30/09/2012 under SHO, Padav.(b) There is no entry at 1450 hours on 30/09/2012 showing the departure of STF THE HIGH COURT OF MADHYA PRADESH Criminal Revision No. 659/2018 (Pintu Singh Tomar and others Vs.State of M.P. and others) 4 officials from Padav PS which includes the names of two STF staff who witnessed the arrests made in between 1500 hours and 1555 hours.Thus, arrests made are suspicious.(c) There is no independent witness either to the seizure made at 1000 Hrs or arrests made thereafter in between 1500 hours and 1555 hours on 30/09/2012 despite the arrests having been made from a crowded place.(d) The Police Station Padav is only about 2 Km away from the alleged place where the accused persons were caught while impersonating.There is a delay in registering the FIR at 1445 Hrs although seizure was made at 1000 Hrs at the spot on Zero FIR.(e) The conspiracy among the accused could not be proved during investigation.No seizure has also been made from any of the 9 other accused persons.(f) No suspicious financial transactions have taken place among the accused persons during the relevant period, as revealed from the scrutiny of their bank accounts.(g) The evidence of the owner and the driver of Scorpio vehicle have contradicted the THE HIGH COURT OF MADHYA PRADESH Criminal Revision No. 659/2018 (Pintu Singh Tomar and others Vs.State of M.P. and others) 5 allegations leveled by the Local Police.They were not examined by the Local Police.(h) Planning for commission of offences u/s 419 and 477 of IPC is not an offence as no evidence of any overt or covert action taken by any of the accused persons was found for commission of the alleged offences.(I) Out of the 37 items seized from the possession of accused Pintu Singh including the Scorpio, 31 items were the Admit cards of the candidates for PCRT Examination, 2012 and 13 them appeared in the said examination from different centers at Bhind, Morena and Gwalior, but failed.This fact disproves the allegation that accused Pintu Singh was planning to impersonate from Gwalior with other.Out of 18 candidates who did not appear from the different Centers, some were supposed to appear from the centres at Bhind, Morena also.So the arrested accused persons who were detained at Gwalior at 1000 Hrs could not have reached those places from Gwalior by 1100 Hrs when the examination was going to start.THE HIGH COURT OF MADHYA PRADESH Criminal Revision No. 659/2018 (Pintu Singh Tomar and others Vs.

Cited provisions: Section 120B in The Indian Penal Code; Section 173 in The Indian Penal Code; Section 419 in The Indian Penal Code; Section 467 in The Indian Penal Code