Allahabad High Court rejects plea seeking FIR over alleged fake degree of Keshav Maurya, citing lack of direct harm to petitioner. “He had no locus,” said the court.
Prayagraj: On July 7, the Allahabad High Court has dismissed a petition filed against Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya that sought the registration of a criminal case against him.
The petitioner had accused the Deputy CM of allegedly using a fake educational degree while contesting elections and for acquiring a petrol pump dealership.
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The case was heard by Justice Sanjay Kumar Singh, who rejected the criminal revision petition filed by Diwakar Nath Tripathi, a Bharatiya Janata Party (BJP) leader and social activist from Prayagraj.
Tripathi had approached the court demanding legal action against the Deputy Chief Minister under provisions of cheating and forgery.
While delivering the verdict, the High Court made it clear that the petitioner had no legal standing to file the complaint.
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Justice Singh observed,
“The complainant-revisionist is not a person deceived by Keshav Prasad Maurya.” The court further added that, “Therefore, in view of section 39 CrPC, he had no locus to move an application under section 156(3) Criminal Procedure Code (CrPC) seeking direction to register FIR regarding alleged offence of cheating and forgery, which are not covered under section 39 (public to give information of certain offences) of CrPC.”
Section 156(3) of the Criminal Procedure Code allows a Magistrate to direct the police to register an FIR and investigate a cognizable offence.
However, the court clarified that the offences alleged in this matter—namely cheating and forgery—are not among those for which it is mandatory for the public to inform the police under Section 39 CrPC.
By rejecting the plea, the High Court has effectively ruled that individuals who are not personally affected by an alleged crime—especially when it comes to certain offences—cannot approach the court for initiating criminal proceedings.
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