ARUN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/1331/2025 · 2025-02-14
Brij Raj Singh, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 123358 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123358 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:10040-DB
Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1331 of 2025 Petitioner :- Arun Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Savita Jain Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the parties and perused the record. This petition has been filed with the following prayers :- i. Issue a writ order or direction in the nature of certiorari quashing the impugned first information report dated 08.01.2025 lodged by the opposite party no.4 vide FIR No.6/2025, under section – 419, 420, 467, 468, 471 IPC at police station Malhipur, District Shravasti, contained in Annexure no.1 to the writ petition. ii. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties particularly the opposite parties no.2 and 3 not to arrest the petitioner on the basis of First Informtion Report dated 08.01.2025 lodged by the opposite party no.4 vide FIR No.6/2025, under section 419, 420, 467, 468, 471 IPC at police station Malhipur, District Shrawasti. It has been submitted by the learned counsel for the petitioner that it has been alleged in the impugned FIR that the petitioner had obtained appointment as a Teacher on the basis of fraudulent educational documents. It has been submitted that the petitioner has already suffered because his services have been terminated/ his appointment has been cancelled and on similar set of facts impugned FIR has been lodged. We have gone through the contents of the impugned FIR wherein it has been stated that a preliminary inquiry was held thereafter a regular departmental proceedings were held and the inquiry report dated 23.09.2024 had indicated that the petitioner had got his educational documents forged on the basis of which he was working in the Basic Shiksha Anubhag. Having gone through the contents of the FIR, this Court is of the opinion that a cognizable offence has been made out, therefore, no interference can be granted as prayed for in this writ petition. Writ petition is dismissed. Order Date :- 14.2.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench