Mohd. Faiz Alam Khan, J.

1. Heard Shri Dinesh Kumar Shukla, learned counsel for the applicant as well as learned AGA for the State and perused the record.

2. The instant application under Section 482 Cr.P.C. has been moved by the applicant- Rahul Kumar with a prayer to quash the order dated 7.9.2022 passed by Chief Judicial Magistrate, District Gonda in Case Crime No. 359/2022, under Sections 302, 201 IPC, Police Station Kotwali Nagar, District Gonda, whereby the prayer of the applicant pertaining to permit him to appear in the examination in police custody of L.L.B. 4th Semester of three years L.L.B. Course has been rejected.

3. Learned counsel for the applicant while drawing the attention of this Court towards the impugned order submits that an FIR was lodged against the applicant and other two accused persons on 28.5.2022 at 12.24 hours at Police Station Kotwali Nagar, District Gonda and the applicant is confined in District Jail Gonda with regard to the instant case.

4. While drawing the attention of this Court towards the identity card of the applicant placed on record as Annexure No.2, his mark-sheets pertaining to the L.L.B. second and third semesters as well as the date sheet of the examination pertaining to L.L.B. Three Years Course of 4th semester of Dr. Ram Manohar Lohiya Awadh University, Adyodhya, with which The M.P. Singh Smarak Vidhi Mahavidyala, Pachputi Jagatpur, Mankapur, District Gonda, is stated to be affiliated, it is vehemently submitted that as per the date sheet of the examination the applicant who is an student of 4th Semester of L.L. B. Three Years Course is required to appear in the examination on 20.9.2022 22.9.2022, 24.92022, 27.9.2022, 29.9.2022 and on 1.10.2022, thus he be permitted to appear in the examination under police custody otherwise 4th Semester of the applicant shall go in vain.

5. Learned AGA on the other hand submits that he is not having any instructions with regard to the date sheet of the examination as placed on record by the applicant as Annexure No.4.

6. Be that as it may the documents which have been filed by the applicant in support of his contention prima facie reflects that the instant applicant is an student of M.P. Singh Smarak Vidhi Mahavidyalaya Pachputi Jagatpur, Mankapur, District Gonda and studying in Three Years Course of L.L.B. 4th semester. The date sheet of the examination pertaining to 4th Semester of L.L. B. Thee Years Course which has been placed on record as Annexure No.4 would reval that the examination pertaining to the 4th Semester of L.L.B. Three Years Course is scheduled to be held on 20.9.2022 22.9.2022, 24.92022, 27.9.2022, 29.9.2022 and on 1.10.2022.

7. Having regard to all the facts and circumstances as well as documents which have been placed on record by the applicant the application filed by the applicant- Rahul Kumar who is detained in District Jail Gonda in the above mentioned case is disposed of with the direction that the Superintendent of District Jail, Gonda in consultation with the District Magistrate, Gonda shall facilitate the appearance of the applicant- Rahul Kumar in the L.L.B. Three Years Course, 4th Semester Examination scheduled to be held on 20.9.2022 22.9.2022, 24.92022, 27.9.2022, 29.9.2022 and on 1.10.2022 at the Examination Centre, in adequate police security, if he is otherwise eligible to appear in such Examination.

8. It is clarified that the applicant on the date of his examination shall be taken to the Examination Centre for the purpose of appearance in the examination on the requisite dates and after culmination of the examination he shall be brought back to the prison and would be lodged therein.

9. Learned AGA is directed to furnish a copy of this order to the District Magistrate, Gonda and Superintendent of Police, Gonda as well as Superintendent of District Jail Gonda for compliance, forthwith, as the first Examination of the applicant is scheduled on 19.09.2022 (tomorrow).