Rakesh Yadav v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8117 of 2023 Petitioner :- Rakesh Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Shyam Kinkar Pandey,Avadhesh Mishra,Naseem Ahamad Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J.

¶1Heard learned counsel for the petitioner and learned A.G.A. who appears on behalf of the State Respondents.

¶2This petition has been filed with the following main prayers:- "I. Issue a writ, order or direction in the nature of Certiorari quashing the FIR bearing FIR No.0270 of 2023 under section 420, 467, 468 I.P.C. registered at police station Aalapur, District Ambedkar Nagar for securing the ends of justice. II. Issue a writ, order or direction in the nature of Mandamus, commanding the opposite parties not to arrest the petitioner in FIR No.0270 of 2023 under section 420, 467, 468 I.P.C. registered at police station Aalapur, District Ambedkar Nagar, in the interest of justice."

¶3It has been submitted by the learned counsel for the petitioner that the petitioner is completely innocent and has falsely been implicated in the impugned F.I.R alleging that he is the Manager of S. R. Nursing and Paramedical Institute, Achchati, Ram Nagar, Ambedkar Nagar, although he was only a caretaker, the Manager of the said institute is Acchey Lal Yadav.

¶4This Court has gone through the F.I.R. and finds that several informants, namely, Gayatri Devi, Anita Devi, Jyoti Singh, Archana Prajapati, Nisha Devi, Gayatri Devi, Priyanka and Jyoti has jointly alleged the F.I.R. against the petitioner because they had been given a forged mark-sheet of Assistant Nursing and Midwifery Course saying that the institute is affiliated to the Abdul Kalam Group of Education. When the informants actually went for job they came to know that the petitioners had no institute as such, it was not a recognized institute. Several of students were fooled into paying fees, which amounted to Rs. 10,00,000/-.

¶5This Court finds no good ground to show interference in the impugned F.I.R.

¶6The writ petition stands dismissed. Order Date :- 18.10.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench