Delhi High Court Stays Proceedings In Forgery FIR Alleging Fake Degree Racket Involving GLOCAL University

The Delhi High Court stayed proceedings in a cheating and forgery FIR pertaining to an alleged fake degree racket, in GLOCAL University's plea challenging a Section 94 BNSS notice issued by the Delhi police seeking private and personal details of the university officials and students. For context, Section 94 empowers a court or a police officer to issue summons for requiring production of any document, electronic communication, including communication devices, which is likely to contain digital evidence or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding.The petitioner university had also sought "ad-interim stay" with respect to "proceedings in FIR" registered for offences under BNS Sections 318(4) (cheating), 336(Forgery), 337(Forgery of record of Court or of public register), 338(Forgery of valuable security, will), 339(Having possession of document knowing it to be forged and intending to use it as genuine), 340(Forged document or electronic record and using it as genuine), 61(2) (criminal conspiracy). The plea states that this FIR was registered by the Delhi police on June 6, based on trap proceedings alleging that a cash-for-degree scam was taking place in Delhi NCR Region wherein a bunch of educational institutes were involved in making back dated degrees along with mark sheets in exchange for money. Issuing notice on the plea Justice Arun Monga in his order said:"Issue notice. Learned ASC accepts the notice on behalf of the State. He submits that the FIR registered in Delhi is on a different set of allegation...In the meanwhile, further proceedings in the FIR bearing no. 140/2025 registered at Police Station Cyber Crime, Delhi shall remain suspended". The court noted in its order that the FIR pertains to an alleged fake degree racket.Advocate Aadil Singh Boparai appearing for the petitioner university, stated to be an autonomous body established by legislation, argued that the university has no involvement, criminal or otherwise, with respect to the allegations in the present FIR. He argued that police had issued notice under Section 94/95 of BNSS to the university under the grab of investigation while demanding wide ranging information about its daily operations, including confidential personal and professional records of officials, employees, and thousands of students.This, he said, constitutes a roving and fishing inquiry which is way beyond the scope of Section 94 BNSS. Boparai argued argued that the notice infringes on fundamental privacy rights and risks data breaches, potentially harming students' careers.The court thereafter said, "Prima facie, it appears from the record that based on the same set of allegations, i.e., fabricated/fake degrees being used/issued by and/or to certain students, masquerading themselves to have obtained the same from the Petitioner University, two FIRs on same cause are currently registered". The University had lodged a complaint with Saharanpur police on January 28, claiming that certain unknown accused persons were issuing forged and fabricated degrees in the name of the Petitioner University and defrauding the public at large, bringing the University disrepute. Due to alleged inaction of police, the University preferred to an application with the Magistrate Court in Saharanpur, which on September 1 directed registration of an FIR. Thereafter an FIR was registered on September 9 under Sections 318(4), 319(2) of BNS, 2023 & 66C, 66D of IT Act, 2008, at Saharanpur. The high court noted that while the proceedings with respect to the University's complaint were pending in Saharanpur court, the present FIR "on same/similar allegations" was registered in Delhi on June 6."It is in this premise that pursuant to the said Delhi FIR, the impugned notice under Section 94/95 of BNSS, has been issued, which is under challenge. Bare reading of the same reflects that roving inquires have been made from university, some of which have no concern with the allegation of fabrication of the degrees," the court noted. Asking the police to file a reply the court listed the matter on December 2. The writ petition seeks quashing of the Section 94 BNSS notice dated September 18 and in the interim seeks ex-parte stay on the operation of the notice till the pendency of the main petition.Case title: GLOCAL UNIVERSITY THROUGH AUTHORISED REPRESENTATIVE v/s STATE (GOVT. OF NCT OF DELHI)W.P.(CRL) 3181/2025Counsel for petitioners: Advocates Aadil Singh Boparai, Zahid Hussain, Abhishek Dubey, Prakaruthi Jain, Advocates.Counsel for respondents: ASC(Crl) Sanjeev Bhandari, advocates Arijit Sharma, Sakshi JhaClick Here To Read/Download Order

Delhi High Court Stays Proceedings In Forgery FIR Alleging Fake Degree Racket Involving GLOCAL University

LIVELAW NEWS NETWORK

Tags