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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
PANKAJ BHATIA
Kamalesh Agnihotri @ Kamal – Appellant
Versus
State Of U.P. Thru. Secy. Home Deptt. Lko. – Respondent
| Table of Content |
|---|
| 1. formation and functioning of the resident welfare association. (Para 2 , 3 , 4 , 5) |
| 2. investigative process and evidence collection. (Para 6 , 7 , 8 , 9) |
| 3. cognizance and summoning order analysis. (Para 10 , 11 , 12) |
| 4. arguments related to malafide intentions and abuse of process of law. (Para 13 , 14 , 15) |
| 5. legal definitions and standards for extortion and criminal intimidation. (Para 19 , 21 , 22 , 24 , 29 , 30) |
| 6. conclusion on the application based on unfair investigation. (Para 36 , 39) |
JUDGMENT :
PANKAJ BHATIA, J.
1. Heard Shri Mohit Mishra, learned counsel for the applicants; Shri V.K. Singh, learned Government Advocate assisted by Shri Bhanu Pratap Singh, learned AGA - I appearing for the State and Dr. L.P. Mishra, learned counsel alongwith Shri Sriniwas Bajpai and Shri Abhay Shukla, learned counsel(s) for respondent no.2.
2. Present application has been filed seeking to quash the Charge Sheet No.01 of 2025 Dated 25.07.2025 submitted in Case Crime No.392 of 2025, under Sections 308(2), 351(2), 352 of BNS, P.S. Sushant Golf City, District Lucknow alongwith summoning order and entire criminal proceedings of Case No.115214 of 2025 (State v. Kamal @ Kamlesh Agnih
Fair investigation is a constitutional right; inadequate evidence and lack of due diligence in the investigation process invalidates criminal charges, particularly in cases of alleged extortion and i....
The court established that allegations in the FIR did not constitute extortion or criminal intimidation, emphasizing the distinction between civil disputes and criminal offences.
An FIR can be quashed if it does not prima facie disclose a cognizable offence, requiring sufficient evidence to sustain allegations of forgery and intimidation.
The court emphasized that quashing FIRs should be rare, allowing investigations to proceed unless exceptional circumstances exist.
The main legal point established in the judgment is that serious allegations, such as those involving extortion and physical assault, cannot be quashed based on a settlement agreement at the initial ....
The court quashed criminal proceedings for trespass and intimidation, highlighting that allegations lacked required intent and could be deemed malicious, thereby abusing the legal process.
The main legal point established in the judgment is the abuse of criminal proceedings in a civil dispute and the requirement to consider whether a prima facie case is made out and whether the proceed....
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