IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.285 of 1998 ANIL KUMAR Versus 1. STATE OF BIHAR 2. SDM, DANAPUR 3. SDPO, DANAPUR AND 4. PRINCIPAL CUM CENTRE SUPT. DAV. HIGH SCHOOL, DANAPUR. ----------- 5 08.07.2010. The petitioner has come to this court for quashing and setting aside FIR vide Case no. 10/1998 instituted for offence under section 10 of the Bihar Conduct of Examination Act, 1981 contained in annexure 2 and consequentially order of punishment based on the FIR lodged by respondent no. 4 on the allegation that he being an invigilator, was engaged in talk with examinees in the examination room while taking their attendance. It is said that at the relevant time, the S.D.O., respondent no.2 entered into that room and caught the petitioner indulged in aforesaid act, thereafter he directed respondent no.4 to file written report which culminated into the instant FIR. The said S.D.O. passed order dated 25.3.1998 as contained in annexure 5, holding the petitioner to be guilty under the Bihar Conduct of Examination Act, 1981, slapping punishment of one month simple imprisonment or a fine of Rs.2000/- in default. The petitioner submits that he was an Assistant teacher in the D.A.V. High School, Danapur when the occurrence took place, which even assuming to be true, does not make out any offence, as he was trying to be ensured that no attendance of examinees taking part in examination be left out. 2 It appears this Court vide order dated 19.5.1998 stayed order as contained in annexure 5, whereas issued notice to respondent no.4. Having heard the parties and going through the materials available on record, this Court finds that no case is made out against the petitioner as per allegation levelled against him in the FIR. In the result, annexure 2, letter of the Principal of the School for lodging FIR and annexure 5, order of the S.D.O. dated 23.3.1998 are quashed. The writ petition stands allowed. Shashi. (Samarendra Pratap Singh,J).