Court Quashes Cheating Case Where Fire NOC Was Not Material for College Affiliation

A bench of Justices B.V. Nagarathna and Joymalya Bagchi heard an appeal against the Andhra Pradesh High Court’s refusal to quash criminal proceedings under Section 420 IPC that alleged use of a forged fire department no-objection certificate (NOC) to obtain recognition/renewal of college affiliation.

The Supreme Court allowed the appeal, set aside the High Court order dated 18.04.2024 and quashed the proceedings in CC No. 303/2020 under Section 420 IPC. The Court held that the uncontroverted material showed the college operated from a building of 14.20 metres and, by the National Building Code and a prior writ order, a fire NOC was not necessary for affiliation; therefore the alleged representation could not have induced the Education Department to grant recognition. The Court, in its reasoning, observed: The Court also reiterated established principles that mere deception alone did not constitute cheating unless there was a “dishonest inducement” and referenced the statutory definitions of “dishonestly” and “fraudulently”.

Background The appellant, Jupally Lakshmikantha Reddy, ran a college through JVRR Education Society from a building of ground plus three floors with height 14.20 metres. On 13.07.2018 the District Fire Officer filed a complaint alleging a forged NOC had been used to obtain recognition; an FIR followed and a chargesheet was filed under Section 420 IPC. The Society and other institutions had earlier challenged the requirement of a fire NOC in WP No. 14542/2018; by order dated 25.04.2018 the High Court directed the Education Department to renew affiliation without insisting on a fire NOC for buildings below 15 metres, and a contempt notice issued later for non-compliance.

At the criminal stage the High Court declined to quash the proceedings on the ground that the necessity of a fire NOC could not be examined at the preliminary stage. The appellant contended the prosecution was a counterblast and that, in law, absence of any causal link between the alleged fake NOC and the grant of affiliation negated the essential ingredients of cheating or forgery.

The Supreme Court examined the statutory and decisional law, including Dr. Sharma’s Nursing Home v. Delhi Admn. which held that deception alone was insufficient absent dishonest inducement, and Hridaya Ranjan Prasad Verma which emphasised intention as the gist of the offence. The Court found no material to show the appellant had “manufactured” the document (an essential link for Section 465/464 offences) and no evidence that the Education Department had been induced to act by the alleged NOC since the writ order and National Building Code rendered such a NOC unnecessary. The Court therefore concluded the chargesheet did not disclose the essential ingredients of cheating or forgery and set aside the High Court order. The appeal was allowed and the proceedings in CC No. 303/2020 were quashed; pending applications were disposed of.

Case No.: 2025 INSC 1096 (Criminal Appeal arising out of SLP (Crl.) No. 9744 of 2024) Case Title: Jupally Lakshmikantha Reddy v. State of Andhra Pradesh & Anr. Appearances: For the Petitioner(s): Mr. Sridhar Potaraju, Senior Counsel For the Respondent(s): Ms. Prerna Singh, Advocate