Jupally Lakshmikantha Reddy .…Appellant(s)
Versus
State of Andhra Pradesh & Anr. ….Respondent(s)
Dated:-10.09.2025
Case Overview
This is a judgment from the Supreme Court of India in a criminal appeal. The appellant, Jupally Lakshmikantha Reddy, was challenging a criminal case filed against him under Section 420 of the Indian Penal Code (IPC), which deals with cheating. The High Court had refused to dismiss the case, leading to this appeal.
The Allegations
A District Fire Officer had filed a complaint alleging that the appellant’s educational society used a forged No-Objection Certificate (NOC) from the Fire Department to obtain recognition from the Education Department. Based on this, a First Information Report (FIR) was registered for offences including cheating and forgery.
The Key Fact
A crucial fact emerged: according to the National Building Code of India (2016), a fire NOC is not required for educational buildings under 15 metres in height. The appellant’s building was 14.20 metres tall. Furthermore, the Andhra Pradesh High Court had already ruled in a separate case that the Education Department must renew affiliations without insisting on a fire NOC for such buildings.
The Legal Question
The core question was whether using a allegedly fake NOC, when an NOC was not legally required in the first place, could constitute the crime of cheating.
The Law on Cheating
The court explained that for an act to be cheating under Section 420 IPC, two key elements must be present.
First, there must be a deception through a false representation.
Second, this deception must dishonestly induce the victim to deliver property or to do something they wouldn’t have otherwise done, causing them harm or loss. The intention to cause wrongful gain or loss is essential.
Application to the Case
The Supreme Court found the essential ingredient of “dishonest inducement” was missing. Since the law did not require an NOC for the appellant’s building, the representation that he had one could not have induced the Education Department to grant recognition. Their decision was not based on the NOC. Therefore, no cheating occurred.
Other Offences Not Made Out
The court also addressed other potential offences like forgery. It noted that the prosecution had not provided any evidence to show the appellant himself had created the fake document, which is a necessary requirement for a forgery conviction. Without proof of who made the fake NOC, these charges also failed.
Conclusion and Outcome
The Supreme Court held that continuing the criminal case was an abuse of the legal process. It reversed the High Court’s order and quashed the entire criminal proceeding against the appellant, freeing him from the case.
About the Author: Neeraj Gogia, Advocate, 9891800100, specializing in criminal law, bail applications, criminal trial etc.
This article is intended for informational purposes only and does not constitute legal advice.
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