Allahabad High Court
Shashank Yadav Alias Pradeep Yadav And ... vs State Of U.P. And 2 Others on 1 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:129580
Court No. - 91
Case :- APPLICATION U/S 528 BNSS No. - 17490 of 2025
Applicant :- Shashank Yadav Alias Pradeep Yadav And Another
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Abhilasha Singh, Ashutosh Yadav, Ashutosh Sharma, Durgesh Dubey
Hon'ble Prashant Kumar,J.
1. Heard Ms. Abhilasha Singh, learned counsel for the applicants, Sri S.D. Pandey, learned A.G.A. for the State-O.P. no.1 and perused the record. Supplementary affidavit filed on behalf of applicants.
2. The present application under Section 528 B.N.S.S. has been filed with prayer for quashing chargesheet dated 17.09.2024 along with summoning order dated 03.03.2025 as well as entire proceedings arising out of Case Crime No.0061 of 2024, P.S.Jhunsi, District-Prayagraj, u/s 419, 420, 120B IPC pending in the Court of Additional Chief Judicial Magistrate, Court No.5, Prayagraj or to stay further proceedings of the case during pendency of the application.
3. In the instant matter, an FIR was lodged by O.P. no.2, who happens to be Sub Inspector of Police, against twelve named accused persons on 17.02.2024. As per FIR version, on 16.02.2024 when the informant along with other police personnel were talking about the police recruitment exam which was scheduled on 17.02.2024 and 18.02.2024, he received information from an informer that he heard some people, 7-8 in number on two four wheeler at the vacant field of Trivenipuram, talking about taking 10-12 lakhs from candidates of the police recruitment exam in the name of getting them pass the said exam by way of cheating. It is further alleged that these persons belong to gang and they were also involved in getting cheating done in earlier exams. Thereafter the police team conducted raid at that place, caught them and also seized cash and other materials. After completion of investigation, a supplementary chargesheet was submitted against the applicants on 17.09.2024, thereafter, trial court took cognizance against them vide order dated 03.03.2025. The chargesheet as well as cognizance order including the entire proceedings of the case have been challenged in this application.
4. Learned counsel for the applicants submitted that the applicants are not named in the FIR. She further submitted that O.P. no.3 due to previous enmity with the elder brother of applicant no.1 has got moved an application on 03.04.2024 by one Anil Kumar, on which police registered Case Crime No.101 of 2024 wherein the applicants and elder brother of applicant no.1 were arrested, however, they were later enlarged on bail by this Court. She submitted that thereafter on 23.04.2024 one Amar Singh Yadav, who was also under influence of O.P. no.3, moved another application against the applicants with similar allegations, which has been treated as statement by the concerned I.O. and thereafter, supplementary chargesheet has been submitted against the applicants. She further contended that thereafter the trial court has passed summoning order on 03.03.2025 in a mechanical manner. She next contended that implication of the present applicants in the instant criminal proceedings is a classic example of abuse of process of law. She vehemently contended that in the further investigation neither any new material was found nor any independent witness was examined even though the applicants have been chargesheeted merely on the basis of an application of one Amar Singh Yadav, who has no concern with the alleged crime. She next contended that the instant proceedings is nothing else but a pure abuse of process of law. Her further submission is that no offence against the applicants is disclosed and the court below has utterly failed to consider that no prima facie case is made out against the applicants. She also pointed out certain documents in support of his contention.
5. Per contra, learned A.G.A. vehemently opposed the application and contended that the applicants are made accused being members of a solver gang, which indulges in solving papers and getting the candidates pass in the exams by means of cheating and in the result they get huge chunk of money from each candidates. He further submitted that whether prima facie case is made out against the applicants or not, cannot be adjudicated by this Court while exercising its discretionary powers conferred under Section 528 B.N.S.S. rather the same can only be adjudicated by the trial court after the evidences are adduced. He next submitted that the trial court as rightly summoned the applicants and no interference is required by this Court in the impugned order as well as the on going proceedings.
6. From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that prima facie no offence is made out against the applicants. The applicants are alleged to have been involved in a large scale scam of getting the candidates pass in recruitment exams by use unfair means which includes cheating. The cognizance order dated 03.03.2025 has been issued after perusing the material collected during investigation of the case. The arguments raised by learned counsel for the applicants are all disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court.
7. Hon'ble Supreme Court in the matters of State of Haryana Vs. Bhajan Lal 1992 Supp (1) SCC 335, M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192, and lastly, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 has held that only those cases in which no prima facie case is made out can be considered in an application under Section 482 Cr.P.C.
8. The instant application does not fall under the guidelines laid down by the Hon'ble Supreme Court in the judgments mentioned above, and followed in a number of matters. Moreover, the facts as alleged cannot be said that, prima facie, no offence is made out against the applicants. It is only after the evidence and trial, it can be seen as to whether the offence, as alleged, has been committed or not.
9. However, it is open for the applicants to take all its defence in the trial.
10. Hence, the instant application cannot be entertained and is, accordingly, dismissed.
Order Date :- 1.8.2025
Manish Himwan
