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2022 Supreme(All) 498

ASHWANI KUMAR MISHRA, RAJNISH KUMAR
Sharad Arora – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sudhanshu Kumar, Rajrshi Gupta.
For the Respondents: Katyayini, Krishnarjun.

JUDGMENT :

ASHWANI KUMAR MISHRA, J.

1. Jurisdiction of this Court under Article 226 of the Constitution of India is invoked in the present bunch of writ petitions, filed with the prayer to quash the First Information Report in Case Crime No. 47 of 2022, under Sections 406, 409, 420, 467, 468, 471, 477-A and 120-B IPC, Police Station Phase-I, District Commissionerate Gautam Buddh Nagar, as also the order dated 18.2.2022 passed by the Chief Judicial Magistrate, Gautam Buddh Nagar directing lodging of aforesaid FIR, primarily on the ground that offences alleged therein are essentially in the nature of commercial dispute, which ought to have been resolved by way of arbitration and lodgement of first information report is an abuse of the process of law.

2. The informant company and its authorized signatory i.e. respondent no. 3 and 4 have appeared on a caveat and have objected to the maintainability of the writ petition, at this stage, urging that prima-facie commissioning of cognizable offence is disclosed in the F.I.R. and the investigating agencies be allowed to proceed with the investigation and the rights and contentions advanced, on behalf of the petitioners, be left open for its exa

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