Digvijay Singh v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 17735 of 2023 Petitioner :- Digvijay Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Lal Mishra Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Ram Lal Mishra, learned counsel for the petitioner, Shri Bhaskar Srivastava, learned A.G.A for the State-respondents, and perused the record.

¶2The relief sought in this petition is for quashing of the impugned First Information Report dated 29.8.2023, registered as Case Crime No.367 of 2023, under Sections 419, 420, 467, 468, 471 IPC, Police Station-Debai, District Bulandshahr. Further prayer has been made not to arrest the petitioner in the aforesaid case.

¶3Submission of learned counsel for the petitioner is that the petitioner was appointed after completion of entire selection process and qualified in all the stages, thereafter, the verification of document was conducted by the department. However, it is submitted that lodging of the FIR is without there being any verification from the Educational Board is incorrect, as such the impugned FIR is liable to be quashed.

¶4Per contra, learned A.G.A. submits that the petitioner has procured forged educational certificates as there are differences in the name and date of birth of the petitioner, and as such, the cognizable offence is made out.

¶5On perusal of the record, we find that the First Information Report has been lodged by the Officers of the U.P. Police & Promotion Board, Lucknow after due inquiry and online verification of the certificates. The arguments being raised by learned counsel for the petitioner is nothing but a defence of the petitioner that cannot be considered for the purpose of quashing of the impugned FIR.

¶6The writ petition is devoid of merits, and is accordingly, dismissed. Order Date :- 22.11.2023 Anil K. Sharma High Court of Judicature at Allahabad