Full Judgment Text
2026:BHC-NAG:777-DB
32.apl.1432.2025.judgment.odt
( 1 )
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO.1432 OF 2025
1. Sarvesh s/o Shyam Deshmukh,
Aged about 25 Years,
Occupation : Student,
R/o. Fubgaon, Taluka Darvha,
District Amravati. .... APPLICANT
// VERSUS //
1. State of Maharashtra,
Through Police Station Officer,
Police Station, Rajapeth, Amravati
Tahsil and District Amravati.
2. Mangesh s/o Bhaskarrao Solanke,
Naib-Tahsildar,
Aged about - 50,
R/o. Bhatkuli, District Amravati. ....NON-APPLICANTS
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Mr. D. M. Surjuse, Advocate for applicant.
Mr. A. M. Kadukar, APP for non-applicant No.1/State.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 12/01/2026
ORAL JUDGMENT :
1. Admit .
2. Heard finally with the consent of the learned Counsel
for the parties.
3. This application is filed by the applicant for quashing
and setting aside the First Information Report Vide Crime
No.262/2025 dated 01.06.2025 for the offence punishable under
32.apl.1432.2025.judgment.odt
( 2 )
Section 7 of the Maharashtra Prevention of Malpractices at
University, Board and other specified Examinations Act, 1982 (for
short ‘the Act of 1982’) and Section 223 of the Bharatiya Nyaya
Sanhita, 2023 (for short ‘BNS, 2023’) registered with non-
applicant No.1 - Police Station Rajapeth, District Amravait and
the consequent proceeding arising out of the same bearing
nd
Summary Criminal Case No.7066/2025 pending before the 2
Joint Civil Judge Junior Division and Judicial Magistrate First
Class, Amravati, District Amravati.
4. The applicant is arraigned as an accused in connection
with the above said crime on the basis of a report lodged by the
Mangesh Bhaskarrao Solanke on an allegation that on
01.06.2025, the examination was scheduled through the MPSC
and there were specific instructions to the candidates not to
carry any digital diary, pager, microphone, mobile phone, neck
band, smart watch or any such instruments. Despite the said
instructions, the applicant was found in possession of a mobile
phone, and therefore, there is a contravention of the provisions
of the Act of 1982 as well as Section 223 of the BNS, 2023.
5. Heard learned counsel for the applicant, who invited
my attention towards Section 7 of the Act of 1982 and submitted
that the applicant was not found in the examination hall along
with the mobile phone, but the spot panchnama clarifies that it
32.apl.1432.2025.judgment.odt
( 3 )
was in his bag which he was carried. Thus, he was not found
either copying by using the said instrument and thereby the
offence under Section 7 is not made out. Thus, the offence
under Section 223 of the BNS, 2023 is also not made out. In
view of that, no prima facie case is made out and hence, the FIR
deserves to be quashed.
6. Learned APP for the State strongly opposed the said
contention on the ground that considering the statements of the
witnesses and the applicant was found carrying the said bag
along with him in the examination hall, prima facie case is made
out hence, the application deserves to be rejected.
7. After hearing both sides and on perusal of the entire
investigation papers, the allegation against the present applicant
was that he was found along with the electronic gadget at about
11.25 at the examination center and thereby he has contravened
the provision under Section 7 of the Act of 1982. On perusal of
the spot panchnama, it reveals that the gadget was not found in
possession of the present applicant, but it was in his bag and it
was seized from the said bag. Thus, the requirement of Section
7 of the Act of 1982 is that whoever is found in or near an
examination hall any electronic gadget or any such practice he
follows which is unfair is punishable. For the reference Section 7
of the Act of 1982 is reproduced as under:
32.apl.1432.2025.judgment.odt
( 4 )
7. Prohibition of copying and impersonating at
examinations. — Whoever is found in or near an examination
hall by the invigilator or any other person appointed to
supervise the conduct of the examination, copying answers to
the question paper set at the examination, from any book,
notes or answer papers of other candidates, or appearing at
the examination for any other candidate or using any other
unfair means, shall, on conviction, be punished with
imprisonment for a term which may extend to six months, or
with fine which may extend to five hundred rupees, or with
both.
8. On perusal of Section 7 of the Act of 1982 and the
entire charge sheet, it reveals that the electronic gadget was not
along with the present applicant while he was writing an answer
sheet, but the allegation is that he was found in possession of
the said electronic gadget i.e. also in his bag. It is further
alleged that the applicant was carrying neck band along with the
Bluetooth and the same was not found connected. It is
undisputed fact that the applicant did not use cell phone for
copying in that examination as contemplated under Section 7 of
the Act of 1982. The ingredients of Section 7 of the Act of 1982
are not made out prima facie and not reveals from the charge
sheet. Thus, there is no prima facie evidence against the
applicant to proceed with the trial. Considering this aspect,
compelling the applicant to face the trial would be an abuse of
the process of law. In view of that, the application deserves to
be allowed. Accordingly, I proceed to pass following order:
32.apl.1432.2025.judgment.odt
( 5 )
ORDER
(i) The application is allowed .
(ii) The First Information Report in connection with
Crime No.262/2025 dated 01.06.2025 for the offence
punishable under Section 7 of the Maharashtra Prevention
of Malpractices at University, Board and other specified
Examinations Act, 1982 and under Section 223 of the
Bharatiya Nyaya Sanhita, 2023 registered with non-
applicant No.1 Police Station Rajapeth, District Amravait
and the consequent proceeding arising out of the same
bearing Summary Criminal Case No.7066/2025 pending
nd
before the 2 Joint Civil Judge Junior Division and Judicial
Magistrate First Class, Amravati, District Amravati are
hereby quashed and set aside to the extent of the present
applicant.
The application is disposed of.
(URMILA JOSHI-PHALKE, J)
Sarkate.
Signed by: Mr. A.R. Sarkate
Designation: PA To Honourable Judge
Date: 19/01/2026 14:43:02
32.apl.1432.2025.judgment.odt
( 1 )
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO.1432 OF 2025
1. Sarvesh s/o Shyam Deshmukh,
Aged about 25 Years,
Occupation : Student,
R/o. Fubgaon, Taluka Darvha,
District Amravati. .... APPLICANT
// VERSUS //
1. State of Maharashtra,
Through Police Station Officer,
Police Station, Rajapeth, Amravati
Tahsil and District Amravati.
2. Mangesh s/o Bhaskarrao Solanke,
Naib-Tahsildar,
Aged about - 50,
R/o. Bhatkuli, District Amravati. ....NON-APPLICANTS
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Mr. D. M. Surjuse, Advocate for applicant.
Mr. A. M. Kadukar, APP for non-applicant No.1/State.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 12/01/2026
ORAL JUDGMENT :
1. Admit .
2. Heard finally with the consent of the learned Counsel
for the parties.
3. This application is filed by the applicant for quashing
and setting aside the First Information Report Vide Crime
No.262/2025 dated 01.06.2025 for the offence punishable under
32.apl.1432.2025.judgment.odt
( 2 )
Section 7 of the Maharashtra Prevention of Malpractices at
University, Board and other specified Examinations Act, 1982 (for
short ‘the Act of 1982’) and Section 223 of the Bharatiya Nyaya
Sanhita, 2023 (for short ‘BNS, 2023’) registered with non-
applicant No.1 - Police Station Rajapeth, District Amravait and
the consequent proceeding arising out of the same bearing
nd
Summary Criminal Case No.7066/2025 pending before the 2
Joint Civil Judge Junior Division and Judicial Magistrate First
Class, Amravati, District Amravati.
4. The applicant is arraigned as an accused in connection
with the above said crime on the basis of a report lodged by the
Mangesh Bhaskarrao Solanke on an allegation that on
01.06.2025, the examination was scheduled through the MPSC
and there were specific instructions to the candidates not to
carry any digital diary, pager, microphone, mobile phone, neck
band, smart watch or any such instruments. Despite the said
instructions, the applicant was found in possession of a mobile
phone, and therefore, there is a contravention of the provisions
of the Act of 1982 as well as Section 223 of the BNS, 2023.
5. Heard learned counsel for the applicant, who invited
my attention towards Section 7 of the Act of 1982 and submitted
that the applicant was not found in the examination hall along
with the mobile phone, but the spot panchnama clarifies that it
32.apl.1432.2025.judgment.odt
( 3 )
was in his bag which he was carried. Thus, he was not found
either copying by using the said instrument and thereby the
offence under Section 7 is not made out. Thus, the offence
under Section 223 of the BNS, 2023 is also not made out. In
view of that, no prima facie case is made out and hence, the FIR
deserves to be quashed.
6. Learned APP for the State strongly opposed the said
contention on the ground that considering the statements of the
witnesses and the applicant was found carrying the said bag
along with him in the examination hall, prima facie case is made
out hence, the application deserves to be rejected.
7. After hearing both sides and on perusal of the entire
investigation papers, the allegation against the present applicant
was that he was found along with the electronic gadget at about
11.25 at the examination center and thereby he has contravened
the provision under Section 7 of the Act of 1982. On perusal of
the spot panchnama, it reveals that the gadget was not found in
possession of the present applicant, but it was in his bag and it
was seized from the said bag. Thus, the requirement of Section
7 of the Act of 1982 is that whoever is found in or near an
examination hall any electronic gadget or any such practice he
follows which is unfair is punishable. For the reference Section 7
of the Act of 1982 is reproduced as under:
32.apl.1432.2025.judgment.odt
( 4 )
7. Prohibition of copying and impersonating at
examinations. — Whoever is found in or near an examination
hall by the invigilator or any other person appointed to
supervise the conduct of the examination, copying answers to
the question paper set at the examination, from any book,
notes or answer papers of other candidates, or appearing at
the examination for any other candidate or using any other
unfair means, shall, on conviction, be punished with
imprisonment for a term which may extend to six months, or
with fine which may extend to five hundred rupees, or with
both.
8. On perusal of Section 7 of the Act of 1982 and the
entire charge sheet, it reveals that the electronic gadget was not
along with the present applicant while he was writing an answer
sheet, but the allegation is that he was found in possession of
the said electronic gadget i.e. also in his bag. It is further
alleged that the applicant was carrying neck band along with the
Bluetooth and the same was not found connected. It is
undisputed fact that the applicant did not use cell phone for
copying in that examination as contemplated under Section 7 of
the Act of 1982. The ingredients of Section 7 of the Act of 1982
are not made out prima facie and not reveals from the charge
sheet. Thus, there is no prima facie evidence against the
applicant to proceed with the trial. Considering this aspect,
compelling the applicant to face the trial would be an abuse of
the process of law. In view of that, the application deserves to
be allowed. Accordingly, I proceed to pass following order:
32.apl.1432.2025.judgment.odt
( 5 )
ORDER
(i) The application is allowed .
(ii) The First Information Report in connection with
Crime No.262/2025 dated 01.06.2025 for the offence
punishable under Section 7 of the Maharashtra Prevention
of Malpractices at University, Board and other specified
Examinations Act, 1982 and under Section 223 of the
Bharatiya Nyaya Sanhita, 2023 registered with non-
applicant No.1 Police Station Rajapeth, District Amravait
and the consequent proceeding arising out of the same
bearing Summary Criminal Case No.7066/2025 pending
nd
before the 2 Joint Civil Judge Junior Division and Judicial
Magistrate First Class, Amravati, District Amravati are
hereby quashed and set aside to the extent of the present
applicant.
The application is disposed of.
(URMILA JOSHI-PHALKE, J)
Sarkate.
Signed by: Mr. A.R. Sarkate
Designation: PA To Honourable Judge
Date: 19/01/2026 14:43:02