Allowed

Devendra Singh v. State of U.P. and 2 Others

Allahabad HC12 Oct 2020CRLP/8780/2020

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the writ petition for quashing of an FIR regarding alleged forgery of a B.Ed. degree. The court directed that if a Superintendent of Police verifies the degree is forged, the petitioner may be arrested, without staying the ongoing investigation.

What did the court decide?

The petition is disposed of with a direction to arrest the petitioner if a Superintendent of Police verifies the degree is forged; no stay on investigation.

Devendra Singh Vs State of U.P. and… — Constitutional and Fundamental Rights | Allahabad HC (2020)

¶1

Court No. - 43

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 8780 of 2020

¶3

Petitioner :- Devendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinay Kumar,Jitendra Kumar Tripathi Counsel for Respondent :- G.A.

¶4

Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.

¶5

Heard Sri Jitendra Kumar Tripathi, learned counsel for the petitioner and the learned A.G.A.

¶6

This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 24.1.2020, registered as Case Crime No.0022/2020, under Sections 420/467/468/471 IPC, P.S. Matsena, Firozabad.

¶7

The allegation against the petitioner is that he obtained a forged B.Ed. degree from Dr. Bhim Rao Ambedkar University, Agra in the year 2004-05 and based on the same, obtained a public employment initially as an Assistant Teacher in a Primary School.

¶8

Learned counsel for the petitioner claims parity with the order of this Court dated 16.12.2019 in Criminal Misc. Writ Petition No.24963/2019.

¶9

Learned AGA opposed the submission on the premise that primafacie a cognizable offence is made out, no interference is required to be made.

¶10

We are of the considered view that ends of justice would be served if this petition is disposed of with the direction that in the event the degree in question is verified to be a tampered/forged/fabricated document, it would be open for the Investigating authorities to arrest the petitioner.'

¶11

We further clarify that above verification would be by an officer not below the rank of Superintendent of Police and that we have not stayed the ongoing investigation.

¶12

With the aforesaid direction, this petition is finally disposed of.

¶13

The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner / s alongwith a

¶14

self attested identity proof of the said person (s) (preferably Aadhar Card).

¶15

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.

¶16

Order Date :- 12.10.2020 Chandra

Devendra Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Devendra Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Geeta Devi Vs State of U P and 3 Others

Bablu and 5 Others Vs State of U.P. and 3 Others

Deepak Singh Vs State of U.P. and 3 Others

Vishnu Bhagwan Proprietor Trade Link Vs State of U.P. and 2 Others

Sonu Vs State of U.P. and 2 Others

Deependra Kumar Vs State of U.P. and 2 Others