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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
RAJESH SINGH CHAUHAN, ABDHESH KUMAR CHAUDHARY
Rajesh Singh – Appellant
Versus
State of U.P. Thru. Addl. Chief Secy. Home Lko. – Respondent
| Table of Content |
|---|
| 1. hearing and connection of writ petitions. (Para 1 , 2 , 3) |
| 2. main prayers of the writ petitions. (Para 4 , 5 , 6) |
| 3. discussion of the definition of 'victim' in law. (Para 8 , 9 , 10) |
| 4. locus standi and the concept of 'legal heir' in criminal proceedings. (Para 14 , 25 , 26) |
| 5. court's discretion to deny intervention based on lack of locus standi. (Para 35 , 38 , 42) |
| 6. final orders and dismissal of the petitions. (Para 45 , 46) |
JUDGMENT :
1. Heard Sri Kapil Misra, learned counsel for the petitioner and Sri V.K. Singh, learned Government Advocate assisted by Sri Rao Narendra Singh, learned counsel appearing for the State in Criminal Misc. Writ Petition No.4791 of 2025 (hereinafter referred to as “first writ petition”) and Sri Kapil Misra, learned counsel for the petitioner, Sri V.K. Singh, learned Government Advocate assisted by Sri Rao Narendra Singh, learned counsel appearing for the State as well as Sri Naved Ali, learned counsel for opposite party no. 7 in Criminal Misc. Writ Petition No.6047 of 2025 (hereinafter referred to as “second writ petition”).
2. Since the petitioners in both the writ petitions are the same and in his second writ petition, the petitioner h
The court held that only victims or legal heirs can challenge criminal investigations, reinforcing the principle that a third party lacks standing in criminal proceedings.
Free and fair trial is sine qua non of Article 21 of Constitution. If criminal trial is not free and fair and if it is biased, judicial fairness and criminal justice system would be at stake, shaking....
If a citizen, who is a defacto complainant in a criminal case alleging commission of a cognizable offence affecting violation of his legal or fundamental rights against influential persons, prays bef....
It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the ingredients of....
Malicious prosecution claims must show prima facie cases are unfounded; mere political allegations do not suffice to quash FIRs without substantive evidence.
The court can direct a CBI investigation when local investigations are compromised, ensuring fairness and justice in legal proceedings.
Point of law : There is no more res integra that exercise of power under Section 482 CrPC to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the....
Criminal Law - Transfer of investigation - Not rarest of rare case - Investigation to be conducted officer above rank of A.C.P.
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