Parallel criminal proceedings initiated via FIR are impermissible when an inquiry into the same subject matter is already pending under specific statutory provisions before a court, as this constitutes an abuse of legal process and violates judicial discipline.

JUDGMENT :

Saurabh Srivastava, J.

1. Heard Ms. Sakshi Srivastava, assisted by Sri Naveen Kumar Srivastava and Sri Shivanshu Mehta, learned counsels appearing on behalf of applicants and Sri Siddhartha Srivastava, learned Senior Counsel assisted by Sri Atul Tej Kulshrestha, learned counsel for opposite party no. 2 and learned AGA for State.

2. Present application has been preferred with prayer to quash entire proceedings of Case no. 415 of 2025 (State vs. Sanjeev Gaur) pending before learned court of Additional Chief Judicial Magistrate, Court no. 5, Allahabad in pursuance of the charge sheet dated 10.9.2025 as well as cognizance order dated 17.9.2025 in Case Crime no. 167 of 2024 under sections 419, 420, 467, 468, 471 and 120B IPC, PS- Cantt, District Allahabad.

3. Entire proceeding of Case no. 415 of 2025 (State vs. Sanjeev Gaur) arising out of Case Crime no. 167 of 2024 in pursuance to sections 419, 420, 467, 468, 471 and 120B of IPC, has been challenged on the specific grounds taken up by learned counsel for applicants that both the applicants are the partners in M/s Swear Health Care Pvt. Ltd. who extended letter of authorization in favour of their one of the employee i.e. Rajesh Kumar son of Sri Raghunath Verma resident of Mahanti Ka Purwa, Maharajganj, Ayodhya, Uttar Pradesh for filing affidavit, vakalatnama on behalf of M/s Swear Health Care Pvt. Ltd. at Allahabad High Court on dated 12.4.2024 which is appended along with instant affidavit in support of the Application at page no. 164, but before that a Petition under Article under Section 227 no. 1997 of 2024 (M/s Anondita Healthcare and another vs. Faiz Mohammad and 4 others) have already been filed before the letter of authority issued at the behest of applicants in favour of Mr. Rajesh Kumar.

4. The specific allegation which is apparent from the narration of the FIR is against Rajesh Kumar along with applicants also and after conducting detailed investigation, concerned Investigating Officer preferred charge sheet against 4 accused wherein applicants are one of them. It is also submitted that the entire allegations whatsoever has been put forward has been investigated and it was found that co-accused namely Rajesh Kumar preferred Petition under Article 227 no. 1997 of 2024 by way of putting forged signature over vakalatnama and issued instruction to his counsel at the behest of applicants for filing under the title of M/s Anondita Healthcare and another whereas it is opposite party no. 2 who is the proprietor of M/s Anondita Healthcare who never instructed any of the accused to prefer Writ Petition on their behest at the same time, it is also apparent on face of record that no vakalatnama has ever been executed at the behest of M/s Anondita Healthcare by the informant at the stage of filing above mentioned Writ Petition and the same has been procured, manufactured with the ulterior motive by the person who is the co-accused, on the specific instructions so issued by applicants as mentioned by learned counsel for opposite party no. 2.

5. Learned counsel for the applicants submitted that in respect of the same allegation proceedings under Section 340 Cr.P.C. has already been initiated by co-ordinate Bench of this Court while issuing order dated 13.3.2024 in the aforesaid petition which is reproduced as under:

"1. Heard Shri Neeraj, Advocate appearing on behalf of the petitione