Case:- Jupally Lakshmikantha Reddy Versus State of Andhra Pradesh & Anr.
Citation:- 2025 INSC 1096
Date:- 10.09.2025
Supreme Court Bench:- JUSTICE B.V. NAGARATHNA & JUSTICE JOYMALYA BAGCHI
The Hon’ble Supreme Court quashed a cheating case against the head of an educational institute accused of using a fake Fire Department NOC for seeking affiliation.
- In the case, The head of an educational society was accused of submitting a fake Fire Department NOC to get college affiliation. Though, as per the National Building Code, 2016, colleges with buildings below 15 metres do not need a fire safety NOC. The college building was only 14.20 metres tall.
- The Hon’ble Supreme Court explained that for cheating (Section 420 IPC), there must be dishonest inducement causing wrongful gain or loss. Here, the college was legally entitled to affiliation without NOC, so there was no cheating.
- The Hon’ble Court held that for forgery (Sections 468 & 471 IPC), there must be intent to cause wrongful loss/gain. Since recognition did not depend on NOC, that intent was missing.
- The High Court of Andhra Pradesh had allowed the case, but the Hon’ble Supreme Court overturned it, stressing that a false statement is punishable only if it materially affects the authority’s decision.
- The case was quashed, and the appeal of the college head was allowed.
