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 intimidation.

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 Agnihotri & Ors.).

3. The facts, in brief, are that the applicants and Opposite Party No.2 are residents of a society known as Celebrity Greens. The said society is inhabited by a substantial number of members who are the apartment owners. The society was formed by the residents of the society and was also duly registered. Applicant No.1 is the Secretary to the said society duly elected, and Applicant Nos.2 & 3 are President and Caretaker of the said society respectively. It is pleaded that the said society was formed after taking the NOC from the builder and has been constituted under Section 14 of the U.P. Apartment Act and works according to the provisions of the Act and the bye-laws. It is pleaded that the general body of the society holds regular meeting and actions are taken as per the bye-laws, regulations etc.

4. It is stated that in the board meeting held on 24.11.2024 the issue with regard to haphazard parking was taken up and guidelines were issued and the residents were allotted one slot of their choice for parking of their vehicles with an advice to the resident to park in the allotted parking space. The said welfare measure was taken to avoid obstruction in traffic movement within the colony. It was also decided that in the event of not following the guidelines, at the first instance advice would be issued to the residents and in case of repeat, vehicles will be locked and locks will be opened by giving warning and at the third instance, steps would be taken for levy of penalty of Rs.500/- as per the board meeting.

5. It is stated that Opposite Party No.2 was wrongly parking his vehicle which was opposed, as such, he lodged the FIR in question being FIR No.392 of 2025 (Annexure – 1) wherein it was alleged that the informant was a B.Tech and was an entrepreneur and social worker; it was stated that he was a trustee of Bhavrao Devras Trust of Rastriye Swyamsevak Sangh (RSS) and was residing in the said apartment since 2022. It was stated that applicants were engaged in extracting money from the residents and threats were issued on 1^st of May to the informant for levying a penalty of Rs.500/-. It was also stated that the applicants were recovering money from various persons after forming a gang and on account of non payment, harassment was being meted out to the residents. It was also stated that as per the information of the informant, there was no sanction for the said recoveries and even the receipts were not issued and thus, a request was made to lodge the FIR under Sections 308(2), 351(2), 352 of IPC.

6. Investigation was conducted by Investigating Officer Mr. Shiv Kant Tiwari. While investigating, the Investigating Officer recorded the statement of the informant and also prepared a site plan. He also recorded the evidences given by Opposite P