Brijesh Sonkar vs State of U.P. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 46719 of 2025

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Brijesh Sonkar

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.....Applicant(s)

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	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Abrar Ahmad Siddiqui, Sr. Advocate : G.A.

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Court No. - 79

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HON'BLE CHAWAN PRAKASH, J.

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Heard Mr. Shashi Kant Shukla, learned Senior Advocate assisted by Mr. Abrar Ahmad Siddiqui, learned Counsel for applicant and learned A.G.A. for State and perused the record.

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This application under Section 528 BNSS has been filed by the applicant to quash the cognizance/summoning order dated 26.08.2025, passed by the learned Chief Judicial Magistrate, Mirzapur in Case No. 2982 of 2025, arising out of Case Crime No. 30 of 2024, under Sections 420, 467, 468 and 471 L.P.C., Police Station Kotwali Katra, District Mirzapur as well as the entire proceedings of the aforesaid case.

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Learned Counsel for the applicant submits that the applicant has been falsely implicated in the present case. He is an Assistant Teacher and was on duty as an Invigilator at Vishal Inter College, Bharuhana, District Mirzapur. The said incident relates to R.R. Inter College, Chandradeepa, Katra, Mirzapur, whereas the applicant was not present at that time. Vishal Inter College belongs to his maternal uncle, who passed away issueless. The applicant is managing the affairs of the said college, and the police authorities were demanding illegal gratification from him. He refused to comply; therefore, the police have falsely implicated him in the present case.

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He further submits that a First Information Report was registered as Crime Case No. 30 of 2024 at Police Station Kotwali Katra, District Mirzapur, under Section 3/9 of the U.P. Public Examination Act, 1988, with the allegation that opposite party No. 2 received some information from a secret informant and went to R.R. Inter College, where the written examination for

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NA528 No. 46719 of 2025

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Police Recruitment was being conducted. It was found that two candidates, namely Sunil Kumar Maurya and Ram Surat Yadav, were using unfair means. They were taken into custody, and upon search, an A4 size paper was recovered containing hypothetical answers from serial no. 1 to 150. A recovery memo was prepared. They confessed that these photocopies were provided by Sanjay Kumar Maurya via WhatsApp to Sunil Maurya, and Ram Surat Yadav had been given the carbon copy. Further, they stated that Sanjay Kumar Maurya, Ratan Kumar Maurya, and Munnu Bind are selling these answers by claiming that they are the correct answers to the questions given in the examination paper. The applicant is not named in the F.I.R. During the investigation, his name was added to the present case. The applicant was arrested on 21.02.2024 along with Ratan Lal Maurya and Sanjay Maurya, and two A4 size photocopies of the answer paper, two Aadhar cards, one mobile phone, and Rs. 770/- were recovered. Thereafter, Sections 420, 467, 468, and 471 of the I.P.C. were added. Statements of Constable Kuldeep Kumar, Constable Ajay Singh, Constable Faizan, and Sub-Inspector Dharam Narayan Bhargav were recorded. The police also obtained the call detail reports of the applicant and other co-accused persons; however, these do not show any role of the applicant in the present case. No prima facie case is made out against the applicant; therefore, the cognizance order as well as the entire proceedings of the aforesaid case may be quashed.

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Per contra, learned A.G.A. has submitted that on 17.02.2024, a First Information Report (Case Crime No. 30 of 2024) was registered at Police Station Kotwali Katra, District Mirzapur, under Section 3/9 of the U.P. Public Examination Act, 1988, alleging that during the Police Examination, two candidates, Sunil Kumar Maurya and Ram Surat Yadav, were using unfair means. During their personal search, an A4 size paper was recovered containing hypothetical answers from serial no. 1 to 150. They confessed regarding the involvement of other accused persons in the commission of the present crime. During the investigation, his name was added to the present case. The police collected the call detail reports of the other accused persons. As per these reports, Sunil Kumar Maurya, Ram Surat Yadav, Sanjay Maurya, Ratan Lal Maurya, Munnu Bind, and Brijesh Sonkar were making regular calls between 01.02.2024 and 17.02.2024. After the investigation, a charge-sheet was filed against the applicant and other accused persons. The learned Magistrate took cognizance on 26.08.2025. From the perusal of the allegations made in the F.I.R. and the material collected during the investigation, a prima facie offence is clearly made out against the applicant;

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NA528 No. 46719 of 2025

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therefore, the entire proceedings cannot be quashed.

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As per the record, a First Information Report (Case Crime No. 30 of 2024) was registered at Police Station Kotwali Katra, District Mirzapur, under Section 3/9 of the U.P. Public Examination Act, 1988, alleging that during the Police Examination, two candidates, Sunil Kumar Maurya and Ram Surat Yadav, were using unfair means. During their personal search, an A4 size paper was recovered containing hypothetical answers from serial no. 1 to 150. A recovery memo was prepared. They confessed that these photocopies were provided by Sanjay Kumar Maurya on WhatsApp to Sunil Maurya and Ram Surat Yadav, with Ram Surat Yadav having been given the carbon copy. They further stated that Sanjay Kumar Maurya, Ratan Kumar Maurya, and Munnu Bind are selling these answers, claiming that they are the correct answers to the questions given in the examination paper. The applicant was arrested on 21.02.2024, along with Ratan Lal Maurya and Sanjay Maurya. Two A4 size photocopies of the answer paper, two Aadhaar cards, one mobile phone, and Rs. 770/- were recovered. Thereafter, Sections 420, 467, 468, and 471 of the I.P.C. were added. The Investigating Officer also obtained call detail reports for the applicant and other co-accused persons. He found that the applicant and other co-accused persons, namely Sunil Kumar Maurya, Ram Surat Yadav, Sanjay Maurya, Ratan Lal Maurya, and Munnu Bind, were making regular calls between 01.02.2024 and 17.02.2024. After the investigation, a charge-sheet was filed against the applicant and other accused persons. The learned Magistrate took cognizance on 26.08.2025.

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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 submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred under Section 528 BNSS. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, 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 . The disputed defence of the accused cannot be considered at this stage.

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