Amitava Lala, J. - (1.) All the writ petitions are more or less factually identical. Reliefs are in the nature of not to arrest the petitioner/s in connection with the first information report dated 25th July, 2005 and summons in Case Crime No. 30 of 2005, State of Gujarat v. Girish Sanghvi, under sections 120-B, 406, 420, 465, 467, 468, 471 (A) and 114 of the Indian Penal Code lodged in Police Station Haweli, District Ahmedabad and other incidental reliefs in connection thereto.
(2.) Admittedly the petitioner/s is/are neither named in the first information report (hereinafter called as 'F.I.R.') nor in any of the subsequent documents thereto which gives the primary cause of action for making such writ petition/s. The sole contention of the petitioner/s is that a notice under section 160 of Code of Criminal Procedure (hereinafter in short called as 'Cr. P.C.') was served upon him/ them within the State of Uttar Pradesh, therefore, they are entitled to invoke the jurisdiction of this High Court for the purpose of appropriate relief/s.
(3.) Factually, there is no doubt that the entire cause of action arose within the State of Gujarat not within the State of Uttar Pradesh. F.I.R. says that the offence is under sections 406, 420, 465, 467, 468, 471, 120-B and 114 of the Indian Penal Code and under section 5 of the State University Act and section 5 of Gujarat University Act, 1940 and under section 31 of Gujarat Higher Secondary Education Act, 1972, inasmuch as that the present accused have, by constituting a conspiracy, in collyfsion with and in connivance of each other, set up one dummy, illegal and bogus institution namely Gujarat Vidhya Bharti in the State of Gujarat as well in the city of Ahmedabad and in order to fascinate the parents and students, have published alluring and deceiving advertisement in the various newspapers and thereby attaining the trust of the students and the parents and by collecting monies and issuing false and bogus certificates and degree of variety of Universities, have breached the provisions, rules and regulations of the State University and thereby committed offence.;