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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SUBHASH VIDYARTHI
Sayem Yazdani – Appellant
Versus
State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. – Respondent
| Table of Content |
|---|
| 1. criminal proceedings initiated based on fir. (Para 2 , 3 , 4) |
| 2. validity of charge-sheet contested by applicant. (Para 5 , 6 , 7) |
| 3. principles for quashing criminal proceedings. (Para 8 , 9) |
| 4. allegations support criminal breach of trust and cheating. (Para 10 , 11 , 12 , 13) |
| 5. inherent powers of the court to prevent abuse of process. (Para 14 , 15) |
| 6. application dismissed. (Para 16) |
JUDGMENT :
Subhash Vidyarthi, J.
1. Heard Sri Prabhat Kumar Mishra, the learned counsel for the applicant and Sri Rajesh Kumar Singh, the learned A.G.A.-I for the State and perused the record.
2. The instant application under Section 482 Cr.P.C./ Section 528 BNSS has been filed seeking quashing of the entire criminal proceedings of Criminal Misc. Case No.35791/2025 ( State of U.P. Vs. Fahad Yajadani and others ) in the Court of Additional Chief Judicial Magistrate, C.B.I. (A.P.), Lucknow, which arises out of FIR No.0189/2023 under Sections 406 , 420, 504 and 506 IPC lodged at Police Station Mahanagar, District Lucknow, so far as it relates to the applicant.
3. The aforesaid case was instituted on the basis of an FIR lodged by the opposite party no. 2 on 24.08.2023 against six persons, i
The court ruled that allegations of cheating and breach of trust based on the sale of flats established prima facie criminal offences, warranting continuation of proceedings despite claims of civil n....
The FIR was quashed as it lacked essential elements of criminal breach of trust and cheating, being merely a misuse of criminal process to enforce a contractual obligation.
The distinction between breach of contract and criminal cheating requires proof of fraudulent intent at the transaction's inception.
The FIR did not disclose essential ingredients of criminal breach of trust or cheating, reflecting a misuse of police powers to convert a civil dispute into a criminal proceeding.
Point of law : exercise powers under Section 482 CrPC, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court....
Failure to honour land sale agreement, with buyer aware of tenancy restrictions and advance returned, does not constitute cheating or criminal breach of trust absent dishonest intention at inception ....
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