The Rajasthan High Court has stayed the arrest of five directors and former employees of upGrad Education Pvt. Ltd. in connection with FIR No. 392/2025 registered at Police Station Vijay Nagar, Beawar under Sections 316(2), 318(4) and 61(2) of the Bharatiya Nyaya Sanhita, 2023.
Justice Anil Kumar Upman passed the order while hearing S.B. Criminal Miscellaneous Petition No. 685/2026 filed by the petitioners seeking quashing of the FIR.
The petitioners include Mayank Kumar (Director), Rishabh Kumar (former Expert, G3 position), Arpit Bohara (Manager-2), Tarun Raj (former Senior Academic Counsellor) and Tushal Kumar (former Expert Academic Counsellor), all associated with upGrad’s Mumbai office.
According to the petition, the complainant-respondent Tarun Kumar Sharma had shown interest in an online higher education program facilitated by upGrad leading to MS in Organizational Leadership at a university in the United States. He deposited the prescribed fees of ₹5,25,000 on 03.02.2025 and joined the program which commenced on 28.02.2025.
On 30.06.2025, the complainant requested a refund citing unforeseen financial, family and personal responsibilities as well as the current political scenario in the United States. The petitioners informed him that as per Clause 1.2 of the refund policy, no refund is permissible after commencement of the course.
The complainant thereafter lodged the FIR alleging that the fees were neither refunded nor was he sent to the United States for further studies.
Senior Advocate Madhav Mitra, assisted by Advocates Shreyansh Mardia and Jaya Mitra, submitted before the Court that the petitioners’ institution is a reputed learner-centric EdTech platform providing technological and learner-support services to universities. The entire dispute is purely civil and contractual in nature arising out of the agreed refund policy.
The Court observed that the matter requires consideration and directed issuance of notice to the respondents. Learned Public Prosecutor accepted notice on behalf of the State.
The High Court granted interim protection and ordered:
“Meanwhile, there shall be stay on the arrest of the petitioners in connection with FIR No.392/2025 registered at Police Station Vijay Nagar, District Beawar. However, it is made clear that petitioners shall fully co-operate with the investigation.”
The petition is now listed for further consideration after service of notice.
Case Title: Mayank Kumar & Ors. v. State of Rajasthan & Anr.| S.B. Criminal Miscellaneous Petition No. 685/2026
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