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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
RAJAN ROY, PRASHANT KUMAR
Praveen Singh @ Praveen Singh Bafila – Appellant
Versus
Bahujan Nirbal Varg Sahkari Grih Nirman Samiti Ltd. Thru. its Secy. – Respondent
| Table of Content |
|---|
| 1. the legal standing of intrinsic fraud and procedural conformity. (Para 1 , 2 , 5 , 10 , 19) |
| 2. interim orders must conform to the broader scope of justice. (Para 3 , 4 , 30 , 32 , 34 , 76) |
| 3. judicial discretion allows for contextual adjustment of legal relief. (Para 12 , 33 , 38 , 50 , 52) |
| 4. regulatory action is permissible to prevent abuse. (Para 20 , 31 , 61 , 73) |
| 5. affirmation of the judicial discretion exercised by the single judge. (Para 22 , 24 , 79) |
JUDGMENT :
Rajan Roy, J.
(1) Heard Sri Pt. S. Chandra, learned Senior Counsel assisted by Sri Ravi Kant Mishra, learned counsel appearing for the appellants, Sri Pritish Kumar, learned Additional Advocate General assisted by Sri Nishant Shukla, learned Additional Chief Standing Counsel for the State-respondents Sri Sharad Pathak, learned counsel appearing for respondent no.3 and Sri Utsav Mishra, learned counsel appearing for respondent nos.7 and 8.
(2) This is a special appeal under Chapter VIII Rule V of the Allahabad High Court Rules, 1952 (in short 'the Rules, 1952') challenging an order dated 20.08.2025 passed in Writ-C No.7497 of 2025 [Bahujan Nirbal Varg Sahkari Grih Nirman Samiti Ltd. & Ors. vs. State of U.P
Courts can mold relief and order investigations in cases of fraud, ensuring justice even beyond explicit petition requests.
Court must guard against camouflaged criminal cases clothed in high moral fiber and strong legal content.
The High Court should not entertain writ petitions under Article 226 when effective alternative remedies under the SARFAESI Act are available; exceptions apply in cases of jurisdictional errors, frau....
Participation in a conspiracy includes subsequent involvement in acts that further the conspiracy's objectives; the court relies on prima facie evidence when framing charges.
In its revisional jurisdiction will not proceed into the enquiry of the records, documents and other evidence in consideration before the learned Special Judge, but shall constrain itself to the find....
A procedural order calling for pleadings from parties does not constitute a judgment under Chapter VIII R.5 and is not appealable.
Point of law: The legal position on the issue of quashing of FIR or criminal proceedings is well-settled that the jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingl....
The court emphasized the necessity of a fair hearing in legal proceedings, ruling that the dismissal of the writ petition was flawed due to the lack of opportunity to contest jurisdictional issues.
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