✦ Allahabad High Court

Sonam Rastogi & Anr. v. Let the Deputy Inspector General of Police Bareilly Range, Bareilly be

CRIMINAL MISC. WRIT PETITION No. 10378 of 2026MUNIR, TARUN SAXENA2 min read

Case at a glance

Bench
MUNIR, TARUN SAXENA

Provisions considered

Judgment

impleaded as a party respondent to the writ petition during the course of the day. A bare reading of the impugned FIR shows that there was a pure commercial transaction where the petitioner purchased poultry feed and, in regard to the said transaction, an outstanding sum of Rs. 44,27,617/- according to the informant, was there. For the recovery of unpaid price, the informant has lodged the impugned FIR which essentially discloses a purely civil cause of action, for the recovery of price for goods supplied. It is deprecable that in pure civil matters, it has become a tendency with the citizens to go to the Police instead of going to the Judge, exercising civil jurisdiction. It is equally depricable for the Police to register such FIRs, which in this case has been registered under orders of the Deputy Inspector General of Police, Bareilly Range, Bareilly. Admit. Issue notice. Notice on behalf of respondent nos. 1, 2, 3 and the newly added respondent no.5 is accepted by Mr. Deepakh Kapoor, learned AGA. He is granted two weeks' time to file a counter affidavit. 2 CRLP No. 10378 of 2026 In addition to the counter affidavit to be filed generally answering the writ petition, the Deputy Inspector General of Police, Bareilly Range, Bareilly will show cause on his own affidavit under what circumstances, he ordered this FIR to be registered when a bare reading of the FIR shows that it is virtually a plaint in a suit for recovery of price which should have gone to the Civil Judge or a Commercial Court exercising jurisdiction at Bareilly and not the police. Steps to serve respondent no.4 shall be taken by RPAD within four working days. List for orders on 26.05.2026, along with a report regarding service and the postal track attached. The office also shall put in a report regarding status of pleadings. Order on Criminal Misc. Stay Application No.2 of 2026: Issue notice. Until further orders of this Court, the petitioners Sonam Rastogi and Lalit Rastogi shall not be arrested in Case Crime No. 84 of 2026, under Sections 318 (4) BNS, Police Station Shergarh, District Bareilly. Let this order be communicated to the Deputy Inspector General of Police Bareilly range Bareilly, the Senior Superintendent of Police, Bareilly, and the S.H.O., P.S. Shergarh, District Bareilly through the learned Chief Judicial Magistrate, Bareilly by the Registrar (Compliance) by Monday i.e.

11.05.2026. May 6, 2026 C. MANI/ Prashant (Tarun Saxena,J.) (J.J. Munir,J.)

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