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2025 DAILYLAW 153312 (ALL)

AVINASH YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/6687/2025 · 2025-07-25

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42938-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6687 of 2025 Petitioner :- Avinash Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Amit Kumar Keshari,Santosh Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. This petition has been filed by the petitioner with the following prayers:- "(I) Issue a Writ, order or direction in the nature of Certiorari quashing the impugned F.I.R No. 535/2025, dated 13.07.2025 (Annexure No. 1) lodged at P.S. Akbarpur, District Ambedkar Nagar, under Sections 318(4), 319(2), 336(3), 338 and 340(2) of BNS, 2023. (II) Issue a Writ, order or direction in the nature of Mandamus directing the O.P. No. 1 to 3 to conduct proper and fair investigation in the impugned FIR. (III) Issue a writ, order or direction in the nature of mandamus directing the O.P. No. 1 to 3 not take any coercive measures against the petitioner. " 3. It has been submitted by learned counsel for the petitioner that R.K. Paramedical College, Sadarpur, Akbarpur Road, Ambedkar Nagar has not yet been established and is under the process of construction. It is not affiliated with any of the institution. Smt. Meena Yadav made allegations agaisnt the petitioner that she got herself enrolled in Doon College of Nursing at Saharanpur for three year course namely Diploma in General Nursing & Midwifery. She alleged in her complaint that the college was giving fraudulent diplomas, however, compromise has been made between the Smt. Meena Yadav and the petitioner on 30.06.2025 wherein she had admitted the fact that on account of her failure in the examination, she had quit the study and she had no grievance against the petitioner or against R.K. Hospital. Yet the impugned FIR has been lodged. 4. We have gone through the FIR, which has been lodged by the Office of the Chief Medical Officer, Ambedkar Nagar with regard to one R.K. Paramedical College, Sadarpur, Akbarpur Road, Ambedkar Nagar. In the said FIR mention has been made regarding a complaint made by Smt. Meena wife of Siddhartha Yadav regarding her taking admission in the college for Nursing Diploma. There is another complaint made by Sri Shresh Chandra Verma son of Sri Ramdayal Verma, regarding two years course being run illegally, in which, a forged mark-sheet has been given to him. It also mentions that a complaint made by Sri Anoop Kumar Patel son of Sri Sabitram Patel on 16.06.2025 of similar nature. It has been stated that when the diploma was got verified from the State Board of Pharmacy/U.P. Medical Faculty, it was found that the college was not recognized for giving such diplomas. An enquiry was conducted in the matter and U.P. Nursing Faculty has informed by its letter dated 27.06.2025 that only five institutions are registered with the Faculty. Four such institutions are run by Government and one private institute is being run in Chinhat, Lucknow. On the basis of such enquiry conducted by the Chief Medical Officer, the present FIR has been lodged. The FIR mentions details, which could not have been mentioned without there being an enquiry conducted in the matter. 5. Prima facie, we are satisfied that a cognizable offence is made out. We find no good ground to interfere. The writ petition is, accordingly, dismissed. Order Date :- 25.7.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench