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2025 DAILYLAW 60390 (ALL)

MANISH KUMAR SINGH v. STATE OF U.P. AND ANOTHER

NA528/17927/2025 · 2025-05-26

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90125 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 17927 of 2025 Applicant :- Manish Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narendra Deo Shukla,Vivek Shukla Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. This application has been filed by applicants for quashing the entire proceeding of Case No. 6434 of 2024 (State vs. Alok Yadav), Under Section 419, 420, 467, 468, 471, 120-B I.P.C., Police Station Kotwali, District Jaunpur along with Charge- sheet No.200/2024 dated 03.07.2024 as well as cognizance/summon order dated 25.07.2024 passed by Chief Judicial Magistrate Court No.11, Jaunpur, registered as Case Crime No.65/2024, pending in the Court of Chief Judicial Magistrate Court No.11, Jaunpur, 3. It is submitted by learned counsel for the applicant that as per first information report two mobile phones, two cheque-books of different banks in the name of applicant, a cheque of Rs. 1,60,000/- issued by Sandeep Kumar Pandey in the name of applicant and a diary have been recovered from the applicant. Learned counsel for the applicant submits that applicant is alleged to have been involved in a solver gang in a police recruitment. 4. Learned counsel for the applicant submits that the only evidence against applicant is of confessional statement of co-accused and the said evidence may not be admissible in evidence. 5. A perusal of the FIR would go to show that applicant is alleged to have been involved in cheating in public examination as a member of the gang. The question of admissibility of evidence is required to be seen at the stage of trial. At this stage, only the prima facie allegations in the charge-sheet and the FIR is to be seen. 6. In view thereof, no case is made out for quashing of the criminal proceedings. 7. The application u/s 528 BNSS is, accordingly, dismissed. Order Date :- 27.5.2025 S.Prakash Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad