RAJAN ROY, NARENDRA KUMAR JOHARI
Mukta Srivastava – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Lko. – Respondent
JUDGMENT :
Rajan Roy, J.
1. Shri S. C. Mishra, learned Senior Counsel along with Shri Rajesh Chandra Mishra, learned counsel for the petitioners, Shri Jaideep Narian Mathur, learned Senior Counsel along with Shri Pranjal Krishna, Shri Manan Batra, Ms. Aishvarya Mathur and Shri Suhaib Ashraf, learned counsel for the opposite party no. 4-informant and Shri S.P. Singh, learned A.G.A. for the State.
2. By means of this writ petition the petitioners have challenged F.I.R. dated 26.01.2024 bearing Case Crime No. 0034 of 2024 under Sections 381, 409, 419, 420, 467, 468, 471, 506 IPC, Police Station-Sarojni Nagar, District-Lucknow and they have also sought a writ of mandamus that they may not be arrested in connection of the aforesaid F.I.R.
3. The informant has filed short counter affidavit which was taken on record when the hearing was concluded and the learned counsel for the petitioners did not propose to file any response as is mentioned in the order by which orders were reserved.
4. On a reading of the impugned F.I.R. we find that it has been lodged by the opposite party no. 4 against eight accused including the petitioners. The petitioner no. 2 is a Director of Radiant Buildcon Private L
Kushal Kumar Gupta and Anr. Vs. Mala Gupta
Asit Bhattacharjee Vs. Hanuman Prasad Ojha and Ors.
P. Chidambaram Vs. Directorate of Enforcement
Central Bureau of Investigation Vs. Vikash Mishra @ Vikash Mishra
Lee Kun Hee & Ors vs State Of U.P.& Ors.
Kushal Kumar Gupta and another Vs. Mala Gupta
The main legal point established is that the allegations in the FIR warranted investigation, and the court rejected the petitioners' contentions regarding lack of territorial jurisdiction, the civil/....
Criminal jurisdiction is restricted to the area where the offence occurred, and parties cannot confer jurisdiction through a contract; thus, allegations of fraud in a lease agreement without evidence....
The main legal point established in the judgment is that a dispute of a civil nature cannot be converted into a criminal offence, and the filing of a mala fide FIR can be quashed under categories (1)....
The court emphasized that it would not hesitate to use its inherent powers to quash the FIR and restrain investigation in cases where the continuance of investigation would result in a miscarriage of....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.