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2024 Supreme(SC) 135

B. V. NAGARATHNA, AUGUSTINE GEORGE MASIH
Vishal Noble Singh – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Siddhartha Dave, Sr. Adv. Mr. Kumar Vikrant, Adv. Mr. Mohit D. Ram, AOR Ms. Monisha Handa, Adv. Mr. Rajul Shrivastav, Adv. Mr. Anubhav Sharma, Adv. Ms. Jemtiben AO, Adv. Mr. V. Giri, Sr. Adv. Mr. Kavin Gulati, Sr. Adv. Mr. Gaurav Agarwal, Adv. Ms. Shristu Gupta, Adv. Mr. Arun Daniel Saunders, Adv. Mr. Shashank Singh, AOR Mr. Harshed Sundar, Adv. Mr. Ranjit Bisen, Adv. Mr. Shashank Singh, Adv.
For the Respondent(s): Mr. Ardhendhumauli Kumar Prasad Sr. Adv, A.A.G. Mr. Adarsh Upadhyay, AOR Ms. Pallavi Kumari, Adv. Ms. Ananya Sahu, Adv. Mr. Vikas Choudhary, Adv.

JUDGMENT :

B.V. NAGARATHNA, J.

1. Leave granted.

2. The present appeals arise out of the common order dated 24.01.2023 passed by the Allahabad High Court dismissing the applications preferred by the Accused-Appellants under Section 482 bearing Nos. 33816/2022 and 33242/2022.

3. Briefly stated, the facts of the case are that Complainant-Respondent No. 2 registered a First Information Report (for short ‘FIR’) bearing No. 476/2017, under Sections 406, 419, 420, 467, 468, 471 and 120B of the Indian Penal Code, 1860 (for short “IPC”). The allegations in the FIR can be crystallized as under:

    (i) The Accused-Appellant, Vishal Noble Singh, is the Principal of the Bishop Johnson School and College, a minority educational institution which is governed by the Diocese Education Board, Lucknow (DEB) which is run under the Church of North India (CNI). The Accused-Appellant, Vinod Bihari Lal, is the Secretary of DEB.

    (ii) The Secretaries and other officers of CNI and DEB, in collusion with the Accused-Appellants, were fraudulently running the institution by fabricating matriculation and other documents.

    (iii) The institution was functioning without affiliation from the Council for the Indian School Cert

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