Sunday, February 5, 2023

Allahabad High Court rejects plea challenging refusal of lower court to register FIR against UP Deputy CM Keshav Maurya in fake degree case

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The Allahabad High Court has dismissed a petition filed against the lower court order refusing to register an FIR against UP Deputy CM Keshav Prasad Maurya in a fake degree case.

A Single Bench of Justice Samit Gopal passed this order while hearing an application under section 482 CrPC filed by Diwakar Nath Tripathi.

The applicant under Section 482 CrPC has been filed by the applicant with the following prayer:-

“It is, therefore, most respectfully prayed that the Court may most graciously be pleased to allow this application to quash/set aside the order dated 04.09.2021 passed by Additional Chief Judicial Magistrate, Allahabad and also stay the operation of order dated 04.09.2021 and further direct to the Magistrate to exercise their power under Section 156(3) CrPC and direct to lodge the first information report, during the pendency of the application Under Section 482 CrPC before the Court, otherwise the applicants shall suffer grave irreparable loss and injury.”

The applicant is the complainant of the case.

After some arguments, counsel for the applicant prays that the application under Section 482 CrPC be dismissed as withdrawn as he intends to explore the remedy available to him under law.

Therefore, the Court allowed the prayer.  The application under Section 482 CrPC is dismissed as withdrawn.

The facts of the case is that on September 4, 2021, ACJM Prayagraj had rejected the application for lodging an FIR against Deputy CM Keshav Prasad Maurya in the fake degree case. The application was filed under Section 156 (3) of the Code of Criminal Procedure.  It was said that Maurya had obtained the license of a petrol pump on the basis of a fake degree and has also contested elections five times on the basis of this degree.

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