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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
| Table of Content |
|---|
| 1. writ petition seeks quashing of fir. (Para 1) |
| 2. allegations involve financial disputes and coercion. (Para 2 , 3 , 4) |
| 3. argument on civil vs. criminal dispute. (Para 5 , 6 , 7 , 8) |
| 4. respondents argue jurisdiction limitations. (Para 9 , 10 , 11) |
| 5. court clarifies its jurisdiction. (Para 12 , 13 , 14 , 15) |
| 6. writ petition dismissed as not maintainable. (Para 24 , 25 , 26) |
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
Criminal proceedings cannot be initiated for civil disputes; FIR based on partnership agreements is an abuse of legal process.
Point of law: power under Section 482 of the Code of Criminal Procedure for the purpose of quashing the F.I.R. is concerned, the only criteria is the situs of the authority who has registered the cas....
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 evidence produced by the accused in his defense cannot be looked into by the court at the pre-trial stage. The court's power under Section 482 Cr.P.C. to quash criminal proceedings is to prevent ....
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 ....
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....
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