IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). OF 2024
(Arising out of SLP(Criminal) No(s). 6074/2022)
ARUN KUMAR GARG APPELLANT
VERSUS
STATE OF UTTAR PRADESH & ORS. RESPONDENTS
O R D E R
1. Leave granted.

2. The appellant is aggrieved by the order dated 08.03.2022 passed by the High Court of Judicature at Allahabad, dismissing the appellants application under Section 482 of the Code of Criminal Procedure, 1973. The appellant through that petition sought quashing of an order dated 04.12.2019 of the Additional Chief Judicial Magistrate, Court No.8, Ghaziabad, in Criminal Case No.8945/2020 (State vs. Arun Kumar Garg) arising out of Case Crime No.891/2010, under Sections 420, 406, 467, 468 and 471 of the Indian Penal Code, 1860, registered at Police Station Kotwali, District Ghaziabad.

3. The controversy pertains to the genuineness of M.Ed. degree alleged to have been obtained by the appellant from Maharishi Dayanand University, Rohtak, Haryana. The FIR was lodged, alleging that the appellant has produced a forged and fabricated degree and obtained a promotion based thereupon. The appellants case is that his M.Ed. degree is genuine and was actually awarded by the above-named University.

4. During the pendency of these proceedings, both sides have relied upon some new documents, including a communication purportedly sent by the University in favour of the appellant, pursuant to an order passed by this Court.

5. Learned counsel for the complainant, however, submits that even that communication is fake. Given the circumstances, it is difficult for this Court to resolve this factual controversy.

6. We, thus, deem it appropriate to dispose of this appeal, without expressing any opinion on the merits of the allegations, with liberty to the appellant to move a fresh discharge application before the Additional Chief Judicial Magistrate, Court No.8, Ghaziabad, where the trial is pending. The parties shall be at liberty to rely upon their respective documents. The Trial Court may, if so required, in the interest of justice, summon an official from the Maharishi Dayanand University, Rohtak, Haryana along with the original records to ascertain the veracity of the allegations/counter allegations. The expenses for summoning such witness from the University, shall be borne by the appellant.

7. The arrest of the appellant, during pendency of the application that he may move before the Trial Magistrate within four weeks, shall remain stayed, provided that he has already furnished bail bonds to the satisfaction of the Trial Magistrate. In case, bail bonds have not been furnished, the appellant shall do so within one week.

8. The appeal stands disposed of in the above terms.

……………….J.
(SURYA KANT)
……………….J.
(K.V. VISWANATHAN)
New Delhi;
February 12, 2024

ITEM NO.22 COURT NO.4 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).6074/2022
(Arising out of impugned final judgment and order dated 08-03-2022 in A482 No.4428/2020 passed by the High Court Of Judicature At Allahabad)
ARUN KUMAR GARG Petitioner(s)
VERSUS
STATE OF UTTAR PRADESH & ORS. Respondent(s)
(IA No. 90503/2022 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT, IA No.90504/2022 – EXEMPTION FROM FILING O.T.)

Date : 12-02-2024 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE K.V. VISWANATHAN
For Petitioner(s) Mr. Vinay Garg, Sr. Adv.
Mr. Neeraj Sharma, Adv.
Mr. Prahil Sharma, Adv.
Ms. Priyanka Dixit, Adv.
Mr. Piyush Dwivedi, AOR

For Respondent(s) Mr. Ardhendumauli Kumar Prasad, Sr. Adv, A.A.G.
Mr. Rajat Singh, AOR
Mr. Sarthak Chandra, Adv.
Mr. Akshay Kumar, Adv.
Ms. Ananya Sahu, Adv.
Mr. Deepesh Singh, Adv.
Mr. Arun Pratap Singh Rajawat, Adv.

Mr. Mukesh K Giri, Adv.
Mr. Mandaar Mukesh Giri, Adv.
Mr. Roop Chaudhary, Adv.
Mr. Sudhir Naagar, AOR

UPON hearing the counsel the Court made the following
O R D E R
1. Leave granted.
2. The appeal is disposed of in terms of the signed order.
3. All pending applications, if any, also stand disposed of.
(ARJUN BISHT) (PREETHI T.C.)
COURT MASTER (SH) COURT MASTER (NSH)
(signed order is placed on the file)
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