HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 16291 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J. HON'BLE SANTOSH RAI, J. Heard Sri Anil Srivastava, learned Senior Counsel assisted by Sri Hari Om Ojha, learned counsel for the petitioner; Sri Yogesh Narayan Shukla, Advocate holding brief of Sri Rajiv Chowdhury, learned counsel for the respondent no. 4 and learned A.G.A for the State-respondent nos. 1, 2 and 3 and perused the record. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 16.06.2025 registered as Case Crime No. 0270 of 2025, under Sections- 61(2), 308(4), 319(2), 318(4), 338, 336(2), 340(2), 316(5) and 351(3) of Bhartiya Nyaya Sanhita, 2023, Police Station- Sarnath, District/Unit - Varuna (Commissionerate Varanasi), and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. Learned Senior Counsel for the petitioner submits that the petitioner is major share holder in Navodit Foundation and Coracle Capital Consulting and Corporate Services Private Limited, Companies duly registered and incorporated under the corporate laws. F.I.R has been lodged by respondent no. 4, after the petitioner refused to transfer ownership of one of his company, namely, Coracle Capital, in his favour. The petitioner made a detailed complaint on 31.05.2025 on Jan Sunwai Portal of the State Chief Minister making complaint against the respondent no. 4 along with Laxmikant Pandey, Krishna Kant Pandey and Rishabh Pandey son of Laxmikant Pandey who are notorious criminals. He has submitted that it was Laxmikant Pandey, who became co-director of petitioner's company, Navodit Foundation and thereafter he started pressurizing the petitioner to Versus Counsel for Petitioner(s) : Chandan Sharma, Hari Om Ojha, Nishant Tripathi, Rahul Agarwal Counsel for Respondent(s) : G.A., Rajiv Chowdhury, Rajiv Lochan Shukla Vinay Kumar Singh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) transfer Coracle Capital Consulting and Corporate Services Private Limited in his favour. The present F.I.R has been lodged by respondent no. 4, who is brother of Laxmikant Pandey. F.I.R is the result of business dispute between the Directors of the company and the offence as alleged were never committed by the petitioner. The Companies Act is a complete code and dispute ought to have been settled between the parties after talking recourse to the provision therein. There is also a memorandum understanding of Navodit Foundation dated 15.12.2022 according to which the parties were required to approach the arbitrator for settlement of the dispute as per clause 12 thereof. Instead of availing the same impugned F.I.R has been lodged on incorrect allegations and false facts. Learned counsel for the respondent no. 4 has submitted that the respondent no. 4 has invested substantial amount in the account of the Coracle Company and the petitioner transferred the amount to the account of co-share holder and thereafter transferred Rs. 75 lacs in his personal account. He has further submitted that where the offences alleged amount to criminal offence, the arbitration clause in the agreement between the parties will not come in the way of lodging of F.I.R and in the investigation into the allegations made in the F.I.R by the investigating officer of police. With regard to the allegations made in the F.I.R., investigating officer of the police is investigating the matter. After hearing the rival contentions, totality of facts and circumstances of this case and in view of the judgment passed by Division Bench of this Court in Criminal Misc. Writ petition No. 7463/2024 (Shobhit Nehra Vs. State of U.P.), the above noted writ petition is disposed of directing the investigating officer to conclude the investigation of this case within period of 60 days. During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioner shall not be arrested. In case of non-cooperation with the police investigation by the petitioner, it shall be open for either of the respondents to file recall application of this order. September 10, 2025 Rohit CRLP No. 16291 of 2025 2 (Santosh Rai,J.) (Siddharth,J.) Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad