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Neeraj Verma Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

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Allahabad HC
2025
Neeraj Verma Vs State of Up and AnotherNeeraj Verma v. State of Up and Another

Dismissed¶13

Neeraj Verma v. State of Up and Another

Allahabad HC18 Aug 2025A482/38173/2024

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing application dismissed by Allahabad High Court (Saurabh Srivastava, J., order dated 19.8.2025; neutral citation 2025:AHC:141694); charge-sheet no.132 of 2024 (07.04.2024) and cognizance/summoning order (23.04.2024) in Case No.19499 of 2024 arising from Case Crime No.88 of 2024, P.S. Shahpur, District Gorakhpur; offences under ss.419, 420, 467, 468, 471, 120B IPC and ss.6/10 of The Public Examinations (Prevention of Unfair Means) Act, 2024; pending before Additional Chief Judicial Magistrate Ist, Gorakhpur; no illegality or impropriety found; trial court rightly proceeded; applicant already bailed out; liberty reserved to avail other legal remedies.

What did the court decide?

No substantive relief; the application was dismissed, with liberty reserved to the applicant to avail all other legal remedies available at law.

Why is it important?

Upon hearing rival submissions and bare perusal of record, there is no illegality or impropriety in the impugned charge-sheet and cognizance/summoning order, and the learned court concerned has rightly proceeded against the applicant. ¶11

What the court decided

AI extract

Outcome

No substantive relief; the application was dismissed, with liberty reserved to the applicant to avail all other legal remedies available at law.

Issue for consideration

Whether the charge-sheet no.132 of 2024 dated 07.04.2024, the cognizance/summoning order dated 23.04.2024 and the entire proceedings of Case No.19499 of 2024 (State vs. Vikas Kumar and Others) arising out of Case Crime No.88 of 2024 are liable to be quashed under section 482 Cr.P.C.

Court's answer

Upon hearing rival submissions and bare perusal of record, there is no illegality or impropriety in the impugned charge-sheet and cognizance/summoning order, and the learned court concerned has rightly proceeded against the applicant.

Ratio / Principle

The instant application under section 482 Cr.P.C. lacks merit and is dismissed.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 77; Saurabh Srivastava, J.; order dated 19.8.2025) dismissed an application under section 482 Cr.P.C. filed by Neeraj Verma seeking quashing of charge-sheet no.132 of 2024 dated 07.04.2024, the cognizance/summoning order dated 23.04.2024, and the entire proceedings of Case No.19499 of 2024 (State vs. Vikas Kumar and Others) arising out of Case Crime No.88 of 2024, under sections 419, 420, 467, 468, 471, 120B I.P.C. and sections 6/10 of The Public Examinations (Prevention of Unfair Means) Act, 2024, P.S. Shahpur, District Gorakhpur, pending before the learned Additional Chief Judicial Magistrate Ist, Gorakhpur. On hearing rival submissions and bare perusal of record, the Court found no illegality or impropriety in the impugned charge-sheet and cognizance/summoning order and held that the court below had rightly proceeded against the applicant; the application was held to lack merit and was dismissed, with the applicant left free to pursue other legal remedies. No precedent was cited in the judgment.

A

Neutral Citation No. - 2025:AHC:141694

Court No. - 77

Case :- APPLICATION U/S 482 No. - 38173 of 2024

Applicant :- Neeraj Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Yadav,Sukesh Kumar Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The instant application under section 482 Cr.P.C. has been preferred to quash the charge-sheet no.132 of 2024 dated 07.04.2024, cognizance/summoning order dated 23.04.2024 as well as the entire proceedings of Case No.19499 of 2024 (State vs. Vikas Kumar and Others) arising out of Case Crime No.88 of 2024, under sections 419, 420, 467, 468, 471, 120B I.P.C. and sections 6/10 of The Public Examinations (Prevention of Unfair Means) Act, 2024, P.S. Shahpur, District- Gorakhpur, pending in the court of learned Additional Chief Judicial Magistrate Ist, Gorakhpur.

Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant over which he has already been bailed out and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court.

Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the averments whatsoever has been raised by learned counsel for applicant is subject matter of trial and as such prima-facie offence has been made out against the applicant.

After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears no illegality and impropriety in the impugned charge-sheet and

cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant.

In view thereof, the instant application under section 482 Cr.P.C. lacks merit and is hereby dismissed .

However, the applicant will be at liberty to avail all the other legal remedies available at law.

Order Date :- 19.8.2025 Saif

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the charge-sheet no.132 of 2024 dated 07.04.2024, the cognizance/summoning order dated 23.04.2024 and the entire proceedings of Case No.19499 of 2024 (State vs. Vikas Kumar and Others) arising out of Case Crime No.88 of 2024 are liable to be quashed under section 482 Cr.P.C.¶7
The court held
Upon hearing rival submissions and bare perusal of record, there is no illegality or impropriety in the impugned charge-sheet and cognizance/summoning order, and the learned court concerned has rightly proceeded against the applicant.ratio¶11

Statutes considered

3 provisions across 3 enactments

AI extract

Cr.P.C.482¶7
I.P.C.419, 420, 467, 468, 471, 120B¶7
The Public Examinations (Prevention of Unfair Means) Act, 20246/10¶7

Procedural history

How this case reached the court

AI extract

Order under challenge
Charge-sheet no.132 of 2024 dated 07.04.2024, cognizance/summoning order dated 23.04.2024, and the entire proceedings of Case No.19499 of 2024 (State vs. Vikas Kumar and Others) arising out of Case Crime No.88 of 2024.¶7
Court of learned Additional Chief Judicial Magistrate Ist, Gorakhpur · 07.04.2024 (charge-sheet) and 23.04.2024 (cognizance/summoning order)
Prior proceeding
Case Crime No.88 of 2024 registered at P.S. Shahpur, District Gorakhpur, under sections 419, 420, 467, 468, 471, 120B I.P.C. and sections 6/10 of The Public Examinations (Prevention of Unfair Means) Act, 2024; investigation resulted in charge-sheet no.132 of 2024.¶7
Prior proceeding
As submitted by learned counsel for the applicant, the applicant had already been granted bail in the said case.¶8

Parties & counsel

AI extract

applicant
Neeraj Verma¶4
Alok Kumar Yadav, Sukesh Kumar
respondent
State of U.P. and Another¶4
G.A.

Coram

AI extract

Saurabh Srivastavaauthor¶5

Case details

As recorded by the court registry

Court: Allahabad HC
Decided on: 18 Aug 2025 · August
Registered: 7 Nov 2024
Case no.: A482/38173/2024
CNR: UPHC015772962024
Case type: APPLICATION U/S 482

All orders in this case

2 orders share this CNR

18 Aug 2025Order 1 — this page
19 Aug 2025Order 2 · Saurabh Srivastava

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Cite this judgement

Neeraj Verma v. State of Up and Another, A482/38173/2024 (ALL), decided on 18 August 2025.

The Allahabad High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Cr.P.C.482
I.P.C.419, 420, 467, 468, 471, 120B
The Public Examinations (Prevention of Unfair Means) Act, 20246/10

View all statutes

Procedural history3

Charge-sheet no.132 of 2024 dated 07.04.2024, cognizance/summoning order dated 23.04.2024, and the entire proceedings of Case No.19499 of 2024 (State vs. Vikas Kumar and Others) arising out of Case Crime No.88 of 2024.Court of learned Additional Chief Judicial Magistrate Ist, Gorakhpur · 07.04.2024 (charge-sheet) and 23.04.2024 (cognizance/summoning order)
Case Crime No.88 of 2024 registered at P.S. Shahpur, District Gorakhpur, under sections 419, 420, 467, 468, 471, 120B I.P.C. and sections 6/10 of The Public Examinations (Prevention of Unfair Means) Act, 2024; investigation resulted in charge-sheet no.132 of 2024.
As submitted by learned counsel for the applicant, the applicant had already been granted bail in the said case.

View full history

Bench / Coram

Saurabh Srivastava

Parties & counsel