The Supreme Court quashed the proceedings under Section 420 IPC, holding that the essential ingredients of cheating were not made out. As the institution’s building height was below 15 metres, a Fire NOC was not legally required for affiliation; thus, the alleged false representation could not have induced the authorities to act, negating dishonest intention.
Facts Of The Case:
The appellant, representing JVRR Education Society, was implicated in a criminal case for allegedly using a forged No-Objection Certificate (NOC) from the Fire Department to obtain recognition and renewal of affiliation for its educational institution. The First Information Report was registered based on a complaint from the District Fire Officer, leading to a chargesheet under Section 420 of the Indian Penal Code. The core allegation was that the society submitted a fabricated fire NOC to the education authorities. Crucially, the appellant’s college operated from a building with a height of 14.20 metres. The National Building Code of India, 2016, explicitly stipulates that a fire NOC is not mandatory for educational buildings below 15 metres in height. This legal position was affirmed by the High Court in prior writ proceedings, which had directed the Education Department to renew the affiliation without insisting on the NOC. The appellant contended the criminal case was a retaliatory measure. The Supreme Court was thus tasked with determining whether, in light of the undisputed building height and the consequent legal irrelevance of the NOC, the essential elements of the offence of cheating could be established.
Procedural History:
The procedural history of the case commenced with the registration of a First Information Report (FIR) at the Nandyal III Town Police Station, leading to the filing of a chargesheet in CC No. 303 of 2020 before the Judicial Magistrate, Nandyal, under Section 420 of the Indian Penal Code, 1860. The appellant, seeking to quash these criminal proceedings, filed Criminal Petition No. 2197 of 2021 before the High Court of Andhra Pradesh. The High Court, vide its judgment and order dated 18.04.2024, refused to quash the proceedings, opining that the issue of whether a Fire NOC was required could not be determined at a preliminary stage. Aggrieved by this order, the appellant approached the Supreme Court by way of a Special Leave Petition (SLP (Cri.) No. 9744 of 2024), which was converted into the present criminal appeal upon the grant of leave.
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Court Observation:
The Supreme Court observed that the uncontroverted allegations in the chargesheet, read in conjunction with the order in the writ proceedings, failed to disclose the essential ingredients of the offence of cheating under Section 420 IPC. The Court emphasized that for the offence to be made out, a false representation must induce the victim to act, which they would not have otherwise done. Since a Fire NOC was legally unnecessary for the appellant’s building, which was below 15 metres in height, the alleged submission of a fake NOC could not be said to have induced the Education Department to grant or renew the affiliation. Furthermore, the Court noted the absence of any material to show the appellant manufactured the alleged fake document, a prerequisite for offences of forgery, and found no evidence of the requisite dishonest intention for related offences as the recognition was not contingent on the NOC.
Final Decision & Judgement:
The Supreme Court allowed the appeal, set aside the impugned order of the High Court, and quashed the entire criminal proceedings in CC No. 303 of 2020 under Section 420 IPC. The Court held that the uncontroverted facts and the prior judicial order established that the alleged false representation regarding the Fire NOC was immaterial, as it was not a legal requirement for the appellant’s institution. Consequently, the essential ingredients of cheating, specifically dishonest inducement, were absent. The Court also found no grounds to proceed for forgery-related offences due to the lack of evidence connecting the appellant to the making of the document and the absence of requisite mens rea.
Case Details:
Case Title: Jupally Lakshmikantha Reddy vs. State of Andhra Pradesh & Anr. Citation: 2025 INSC 1096 Criminal Appeal No.: (Arising out of SLP (Cri.) No. 9744 of 2024) Date of Judgement: September 10, 2025 Judges/Justice Name: Justice B.V. Nagarathna and Justice Joymalya Bagchi
Download The Judgement Here