Back
DIPANKAR DATTA, PRASHANT KUMAR MISHRA
Neeta Singh – Appellant
Versus
State of Uttar Pradesh – Respondent
| Table of Content |
|---|
| 1. challenge to fir and judicial intervention (Para 1) |
| 2. nomenclature of petition irrelevant (Para 2 , 8 , 9 , 10 , 11 , 12) |
| 3. discretion of high court reviewed (Para 3 , 4 , 5 , 6 , 7 , 17 , 18) |
| 4. importance of jurisdiction and nomenclature (Para 13 , 14 , 15 , 16) |
| 5. dismissal of petition clarified (Para 19 , 20 , 21) |
ORDER
1. Criminal Miscellaneous Writ Petition No. 8432 of 2023 under Article 226 of the Constitution [Writ Petition] was filed by the petitioners before the High Court of Judicature at Allahabad [High Court], challenging a First Information Report dated 16th February, 2023 lodged by the respondent no.4 under sections 406, 504 and 506, Indian Penal Code, 1860. The High Court, by the impugned judgment and order dated 23rd August, 2024 [impugned order], has dismissed the Writ Petition holding the same to have been rendered infructuous in view of filing of charge-sheet dated 10th October, 2023 under section 173(2), Code of Criminal Procedure, 1973 [Cr. PC] as well as an order dated 21st October, 2023 passed by the competent criminal court taking cognizance of the offence.
2. Mr. Nagamuthu, learned senior counsel for the petitioners, argues that the High Cour
The High Court retains discretion to dismiss a Writ Petition challenging an FIR as infructuous once a charge-sheet and cognizance of the offense has been filed, emphasizing jurisdictional principles ....
Criminal proceedings cannot be initiated for civil disputes; FIR based on partnership agreements is an abuse of legal process.
Judicial orders in criminal cases are not amenable to writ jurisdiction under Article 226, requiring challenges to follow remedies under Article 227, as clarified by statutory provisions.
The Supreme Court ruled that a pending FIR can be quashed even after a chargesheet is filed if cognizance of the offense has not been taken, affirming the court's continued jurisdiction under Article....
The classification of writ petitions under Article 226 depends on the nature of the relief sought; if it may lead to criminal prosecution, it should be treated as a criminal writ petition.
Section 177 of the CrPC unambiguously states that every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
