Markandey Rao Vs State of U.P. and Another

This application under Section 528 of B.N.S.S. has been filed for quashing the entire proceeding of Case No. 75/9 of 2025 (State vs. Markandey Rao) along with charge-sheet dated 22.09.2024 as well as cognizance order dated 02.01.2025 arising out Case Crime No. 122 of 2023, under Sections 420, 467, 468, 471 I.P.C., Police Station- Civil Lines, District- Muzaffar Nagar, pending in the court of Chief Judicial Magistrate, Muzaffar Nagar.

Learned counsel for the applicant submitted that the applicant has been falsely implicated in this case, there is no evidence in support of allegations that the applicant prepared any forged documents to secure his selection on the post of Assistant Teacher in Sanatan Dharma Inter College, Meerapur in general category. Although, the applicant belongs to OBC category. It is stated in the FIR that the said selection letter was got received to the informant for verification through registered post from the office of Secretary, U.P., Madhyamik Siksha Seva Chayan Board, Prayagraj vide letter dated 01.03.2023, but after verification, it is found that the applicant was not selected for appointment in the said college as per office records.

Learned counsel for the applicant further submitted that the applicant himself has filed an FIR against Umakant and 6 others under Sections 406, 419, 420, 467, 468, 471, 504, 506 I.P.C. on 01.10.2024, who committed fraud on him on pretext of securing his appointment by showing forged

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documents and extorted money from him on different dates.

Per contra, learned AGA submitted that it is a case of false appointment in a Government collage and the applicant is the beneficiary.

From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice.

However, in the interest of justice, it is provided that in case the applicant moves an application for discharge at an appropriate stage through counsel within 30 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter.

For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicant in the aforesaid case. With the aforesaid direction, this application is disposed of .

September 24, 2025 Anjali

(Ram Manohar Narayan Mishra,J.)

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Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad

Markandey Rao v. State of U.P. and Another