KAUSHLESH KUMAR YADAV @ BACCHA YADAV v. STATE OF U.P. AND 3 OTHERS
CRLP/21095/2025 · 2025-09-17
J J Munir, Pramod Kumar Srivastava
body2025
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[ 2025 DAILYLAW 96235 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 96235 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21095 of 2025 Court No. - 42 HON'BLE J.J. MUNIR, J.
HON'BLE PRAMOD KUMAR SRIVASTAVA, J.
1. Heard learned Counsel for the petitioner and Mr. Shashi Shekhar Tiwari, learned Additional Government Advocate appearing on behalf of the State.
2. The petitioner, though not named in the First Information Report ('FIR' for short), has been nominated by the co-accused, who are charged in Case Crime No. 151 of 2025, under Sections 11 and 13(5) of The Public Examinations (Prevention of Unfair Means) Act, 2024 and Sections 112, 318, 318(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station Ganganagar, Commissionerate, Prayagraj.
3. Learned Counsel for the petitioner submits that the mobile phone number, that has been referred to show the petitioner's involvement is not his. Unfair means in public examination is a organised criminal activity, eroding the quality of human resource available to the country. It is a mischief in the society that is rife, which has to be curtailed.
4. We do not wish to say that the petitioner is guilty or involved, but once, some material has surfaced against him during investigation, it Versus Counsel for Petitioner(s) : Dhiraj Kumar Yadav, Dileep Singh Yadav Counsel for Respondent(s) : G.A. Kaushlesh Kumar Yadav alias Baccha Yadav .....Petitioner(s) State of U.P. and others .....Respondent(s)
requires to be probed by the Police. It is certainly not a case where this Court should interdict investigation at the threshold in exercise of our jurisdiction under Article 226 of the Constitution.
5. We, therefore, decline to interfere with the impugned FIR and dismiss the writ petition. September 18, 2025 I. Batabyal CRLP No. 21095 of 2025 2 (Pramod Kumar Srivastava,J.) (J.J. Munir,J.) Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad