Amit Kumar vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2026)

Amit Kumar vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim relief: notice issued to opposite party no. 2 returnable at an early date; counter affidavits permitted within three weeks and rejoinder affidavit within one week thereafter; matter to be listed after eight weeks; and until further orders, further proceedings of Criminal Case No. 275 of 2025 shall remain stayed against the applicant Amit Kumar. The quashing application itself remains pending and undecided on merits.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 275 of 2025 (arising out of Case Crime No. 465 of 2025, Police Station Phase-II, District Gautam Buddh Nagar) and the cognizance/summoning order dated 18.12.2025 passed by the Additional Chief Judicial Magistrate, Gautam Buddh Nagar, are liable to be quashed.

Court's answer

Prima facie, the matter requires consideration.

Ratio / Principle

As an interim measure, until further orders of the Court, further proceedings of Criminal Case No. 275 of 2025 shall remain stayed against the applicant Amit Kumar.

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.; April 16, 2026) — Application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 by Amit Kumar seeking quashing of the entire proceedings of Criminal Case No. 275 of 2025 (arising out of Case Crime No. 465 of 2025, Police Station Phase-II, District Gautam Buddh Nagar), instituted under Sections 318(4), 340(2), 112(2) BNS and Sections 8, 11, 13(5) of the Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024, together with the cognizance/summoning order dated 18.12.2025 of the Additional Chief Judicial Magistrate, Gautam Buddh Nagar. Counsel for the applicant contended the FIR dated 20.9.2025 (incident dated 19.9.2025) was lodged on false allegations by a Sub-Inspector of S.T.F. after completion of the S.S.C. examination, with no presummoning or electronic evidence against the applicant, who was an S.S.C. candidate. The Court observed 'Prima facie, matter requires consideration', issued notice to opposite party no. 2, and directed that until further orders further proceedings of the case shall remain stayed against the applicant. Counter affidavits within three weeks; rejoinder within one week thereafter; listed after eight weeks. Interim order only; no final determination on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 15181 of 2026

Amit Kumar

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Firoz Ahmad, Sadrul Islam Jafri : G.A.

Court No. - 76

HON'BLE SANJAY KUMAR PACHORI, J.

Heard Shri N.I. Jafri, learned Senior Counsel assisted by Shri Firoz Ahmad, learned counsel for the applicant and Shri Puspraj Singh, learned brief holder for the State.

The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant to quash the entire proceedings of criminal case No. 275 of 2025, arising out of case crime No. 465 of 2025, under Sections 318(4), 340(2), 112(2) of B.N.S. and Sections 8, 11, 13(5) of Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024, Police Station- Phase-II, District Gautam Buddh Nagar as well as cognizance/summoning order dated 18.12.2025, pending in the court of Additional Chief Judicial Magistrate, Gautam Buddh Nagar.

Learned Senior Counsel for the applicant submits that the first information report dated 20.9.2025 with regard to incident dated 19.9.2025 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant. It is further submitted that the impugned F.I.R. has been lodged by Sub-Inspector of S.T.F. after completing S.S.C. examination. It is further submitted that there is no presummoning evidence with regard to offence of U.P. Public Examination (Prevention of Unfair Means Act), 2024 against the applicant. The applicant was a candidate of S.S.C. examination and admit card was also taken by the Investigating Officer. It is further submitted that there is no electronic evidence collected by the Investigating Officer.

Prima facie, matter requires consideration.

Learned A.G.A. has accepted notice on behalf of opposite party No. 1.

NA528 No. 15181 of 2026

2

Issue notice to opposite party no.2 returnable at an early date.

Learned A.G.A. as well as opposite party no. 2 may file their counter affidavits within three weeks. Rejoinder affidavit may be filed within one week thereafter.

List after eight weeks.

Until further orders of this Court, further proceedings of the aforesaid case shall remain stayed against the applicant Amit Kumar.

April 16, 2026 T. Sinha

(Sanjay Kumar Pachori,J.)

Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad