HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22796 of 2025 Reserved Court No. - 44 HON'BLE J.J. MUNIR, J. HON'BLE SANJIV KUMAR, J. 1. This writ petition is directed against the impugned First Information Report (for short, 'the FIR') dated 10.09.2025, giving rise to Crime No.0562 of 2025, under Sections 316(2), 318(4), 338, 336(3), 340(2), 352 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'), Police Station Katghar, District Moradabad. 2. The FIR here was lodged by respondent No.3 with a case that the informant had secured recognition for Smt. Kusuma Devi Nursing Institute from the Atal Bihari Vajpayee Paramedical & Health Science Institute, of which Chandra Mohan Saxena (the petitioner) is the Director. The petitioner charged the informant a sum of Rs.7,00,000/- for recognizing his institute. After the recognition was given by the Atal Bihari Vajpayee Paramedical & Health Science Institute, out of the forty- one candidates from the informant's institution, twenty-five took the certificate of N.M. of CMS ED, from whom a fee of Rs.25,000/- per year was charged by the petitioner. The N.M. Mark-sheets later turned out to be fake. After repeated demand, the petitioner returned a sum of Rs.5,00,000/-. The informant says that on the date of lodging the FIR, when he went to collect his money, one Sanjay Goswami, who had given him the recognition, was there along with the petitioner, besides his other associates. They abused the informant and drove him away, telling him that no money of his would be refunded. The informant had visited the petitioner 10-11 times in order to secure his money back that the Versus Counsel for Petitioner(s) : Mohd. Jamshed Khan Counsel for Respondent(s) : G.A. Chandra Mohan Saxena .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) candidates from his institute had invested in earning degrees through the petitioner's institution. Out of the other candidates, there were eight, who were given a mark-sheet from the M.G.R. University, Chennai, charging them a fee of Rs.1,50,000/-. There was one candidate, who was given a mark-sheet of B.M.S., after charging him a fee of Rs.6,00,000/-. His mark-sheet was forged too. 3. Heard Mr. Mohd. Jamshed Khan, learned Counsel for the petitioner in support of the motion to admit this petition to hearing and Mr. Jai Narain, learned Additional Advocate on behalf of the State. 4. It is argued by the learned Counsel for the petitioner that the informant says that the petitioner had charged him Rs.7,00,000/- and returned Rs.5,00,000/-, whereas, for a fact, the petitioner has paid back the informant all that was due. It is then said that he is the President of the Atal Bihari Vajpayee Paramedical & Health Science Institute, Laxmi Nagar, Moradabad. The informant, along with two other unknown men, is harassing him, whereas no money is due to the informant. On 27.07.2025, the informant, along with some unknown miscreants, came over and threatened him. 5. There is a case urged on behalf of the petitioner detailing where, when and how money was refunded. It is harped upon repeatedly that the petitioner has refunded, whatever was due to the informant and his reputation would be ruined, if he were arrested in connection with the crime. He is prepared to cooperate with the ongoing investigation. 6. Upon a keen consideration of the submissions advanced by learned Counsel for the parties, what we find is that this is a matter, where an institution, represented by the petitioner, has offered fake degree to students, sent up to the petitioner's institute by the informant's institution. A fake certificate of a nursing course or a D. Pharma. or a fake B.M.S. Degree, if indeed secured and given by the petitioner to candidates, who were sent up by the informant's institution, is a serious matter. These degrees or certificates would have been secured by the petitioner from a University or a competent statutory body. If these were fake, the question is not about refund of money, that is involved. It is the offence of preparing a false document, which really requires thorough investigation. CRLP No. 22796 of 2025 2 In the field of education, where degrees are the foundation of all eligibility for practicing certain professions or seeking employment, there can be no tolerance to a fake degree or certificate being issued by anyone. 7. This Court does not wish to say that the allegation of securing fake degrees by the petitioner is true. That is a matter of investigation. But, the matter requires to be investigated and is not one where we can undertake a parallel investigation or trial to reach conclusions either way. 8. We do not find any good ground to interfere with the impugned FIR. 9. This petition is dismissed summarily. October 09, 2025 Anoop CRLP No. 22796 of 2025 3 (Sanjiv Kumar, J.) (J.J. Munir, J.) Digitally signed by :- ANOOP KUMAR SINGH High Court of Judicature at Allahabad