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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CHANDRA DHARI SINGH, LAKSHMI KANT SHUKLA
Sanjay Wahi – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
CHANDRA DHARI SINGH, J.
1. The instant writ petition has been filed by the petitioner seeking following reliefs:-
“(i) Issue an appropriate writ, order or direction quashing the impugned F.I.R. dated 03.08.2024 bearing Case Crime No. 311 of 2024, under Sections 420, 406, 467, 468, 471, 120-B, 504, 507 I.P.C., Police Station Beta 2, District Greater Noida (Commissionerate Gautam Budh Nagar), U.P.
(ii) Issue an appropriate writ, order or direction commanding the respondents not to take any coercive measures against the petitioner in pursuance to the impugned F.I.R. dated 03.08.2024 bearing Case Crime No. 311 of 2024, under Sections 420, 406, 467, 468, 471, 120-B, 504, 507 I.P.C., Police Station Beta 2, District Greater Noida (Commissionerate Gautam Budh Nagar), U.P.
(iii) Issue an appropriate writ, order or direction in the nature of Certiorari quashing the impugned charge-sheet dated 17.07.2025 as well as the impugned cognizance/summoning order dated 26.08.2025 passed by the Court of A.C.J.M.-Ist, G.B. Nagar in Criminal Case No. 8223 of 2025 (State vs. Sanjay Wahi) as well as entire proceedings arising out of Case Crime No. 311 of 2024, U/s 420, 406, 467, 468, 471, 120-B, 504,
Criminal proceedings cannot be initiated for civil disputes; FIR based on partnership agreements is an abuse of legal process.
Section 177 of the CrPC unambiguously states that every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.
Composite petitions challenging FIR, charge-sheet, and cognizance should be heard by a Division Bench under the Bombay High Court Appellate Side Rules, ensuring uniformity and avoiding jurisdictional....
The High Court retains discretion to dismiss a Writ Petition challenging an FIR as infructuous once a charge-sheet and cognizance of the offense has been filed, emphasizing jurisdictional principles ....
The Supreme Court ruled that a pending FIR can be quashed even after a chargesheet is filed if cognizance of the offense has not been taken, affirming the court's continued jurisdiction under Article....
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