The court disposed of a writ petition for quashing an F.I.R. relating to fake degrees without examining merits, following a prior order in a similar case.
Direction that petitioner shall not be arrested till submission of report under Section 173(2) Cr.P.C. provided cooperation in investigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Chief Justice's Court
Case :- CRIMINAL MISC. WRIT PETITION No. - 7406 of 2020 Petitioner :- Pankaj Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satyendra Chandra Tripathi Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,Chief Justice Hon'ble Samit Gopal,J.
Heard learned counsel for the parties and the learned A.G.A. for the State.
The petitioner has filed this petition for quashing of the first information report dated 10.06.2020 registered as Case Crime No. 0170 of 2020, under Sections 420, 467, 468, 471 I.P.C., P.S.- Alapur, District- Budaun.
It is contended that in connection with the allegations of fake/tampered degrees of the University, similar F.I.Rs have been lodged against as many as 1300 students who took jobs subsequently. Most of the students named in the F.I.R. have filed separate writ petition and in many of them interim protection has been granted till the submission of report under Section 173 Cr.P.C.
In view of the above, following the order dated 28.05.2019 passed in one of the Criminal Misc. Writ Petition No. 14630 of 2019 (Ravita & Another Vs. State of U.P. & Others), we also dispose of this petition, without going into the merits, with the direction that the petitioner shall not be arrested till the submission of the report under Section 173 (2) Cr.P.C. provided the petitioner participates and cooperates in the investigation which shall be completed most expeditiously in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 5.8.2020 AS Rathore
(Samit Gopal,J.) (Govind Mathur, C.J.)
1 issue framed by the court
Whether the petition for quashing the F.I.R. should be disposed of by following a previous order in a similar case.
Colour shows how this judgement treated each authority
Ravita & Another Vs. State of U.P. & OthersFollowed¶7
Criminal Misc. Writ Petition No. 14630 of 2019
1 provisions across 1 enactments
Pankaj Kumar
State Of U.P.
Govind Mathur
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
