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Neutral Citation No. - 2025:AHC:32411-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 3818 of 2025 Petitioner :- Prashant Kumar Kushwaha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandan Singh Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J.
1. Heard learned counsel for the petitioner and learned A.G.A for the State.
2. The writ petition seeks quashing of the F.I.R. dated 05.01.2025 giving rise to the Case Crime No. 8 of 2025, under Sections 318(4), 338, 336(3), 340(2) of B.N.S and 4/10 of the Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 1998, Police Station- Chhata, District- Mathura.
3. There are allegations against the petitioner that co- accused, Gaurav Upadhyay, was impersonating the petitioner in the examination.
4. Learned counsel for the petitioner submits that he has been falsely implicated by the police. Police investigation is under way.
4. For the reasons given in the judgment of this Court dated 10.07.2024 passed in Criminal Misc. Writ petition No. 7463 of 2024 (Shobit Nehra And Another Vs. State of U.P. and 2 Others) the writ petition is disposed of directing that till cognizance is taken on police report under Section 193(3) B.N.S.S., by the court the respondents shall not arrest the petitioner pursuant to the aforesaid first information report, subject to cooperation in ongoing investigation. Order Date :- 6.3.2025 SS Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad