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2025 DAILYLAW 184532 (ALL)

PRATIMA TIWARI AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND OTHERS

CRLP/10370/2025 · 2025-11-11

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10370 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for petitioners, learned A.G.A. for respondent no.1 to 3 and Sri Nadeem Murtaza, learned counsel assisted by Sri Wali Nawaz Khan, learned counsel for respondent no.4. 2. By means of this petition, petitioners pray for quashing of the impugned First Information Report dated 21.10.2025 bearing Case Crime No.0360 of 2025, under Sections 319(2), 318(4), 338, 336(3), 340(2) B.N.S. registered at Police Station-Kotwali Beekapur, District-Ayodhya. Further prayer is that not to arrest petitioners in pursuance of the impugned F.I.R. 3. The contention of the learned counsel for petitioners is that petitioners have opened an institution in the name of G.S. Girls Degree College which is affiliated with Dr. Ram Manohar Lohia (Awadh) University. The affiliation has been obtained on the basis of building which is said to be established on Gata No.624 and 625. 4. The impugned F.I.R. has been lodged by complainant namely Sri Anuj Goyal alleging himself to be the vice-president of the G.S. Educational and Social Welfare Trust contending that affiliation has been obtained by the petitioners for G.S. Girls Degree College on the basis of fake and fabricated documents and there is no building established over the Versus Counsel for Petitioner(s) : Dwijendra Mishra, Ram Nath Pandey Counsel for Respondent(s) : G.A., Nadeem Murtaza, Wali Nawaz Khan Pratima Tiwari And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others .....Respondent(s) aforesaid gatas and consequently the F.I.R. has been lodged under the aforesaid provisions of B.N.S. 2023. 5. Learned counsel for petitioners has tried to explain the facts and circumstances of the case and also indicated that the affiliation has been obtained on the basis of valid documents that has been produced for the purposes of affiliation and no forgery has been committed by the petitioners. 6. Learned A.G.A. states that investigation in this case is still going on. He candidly states that the signatures on the affidavit that had been produced for grant of affiliation to the University appear to be forged and fabricated, however, he concedes that there is no report from the F.S.L. to verify as to whether the signatures are forged and fabricated. 7. Considering the aforesaid and the fact that the investigation is still continuing the writ petition is disposed of with the direction to the respondent authorities to not take any coercive action against the petitioners unless they have some cogent and credible evidence against the petitioners. 8. Needless to mention that the petitioners shall cooperate in the investigation failing which they would not be entitled to the benefit of this order. November 11, 2025 Arti/- CRLP No. 10370 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench