10 January 2025

Death of First Appellant Recorded:

During the proceedings, the office report noted the demise of the first appellant, with the death certificate submitted by the appellants’ counsel. Following this acknowledgment, the Court granted leave to proceed with the appeal.

High Court's Non-Consideration of Merits:

The appellants had originally sought relief from the High Court by filing an application to quash the charge-sheet. However, the High Court dismissed the application without addressing the substantive arguments raised by the appellants. The Supreme Court took exception to this procedural lapse, emphasizing that the contentions were not examined.

Directions from the Supreme Court:

Setting aside the High Court’s order, the Supreme Court directed the restoration of the application (Section 482 No. 279/2018) to the docket of the Allahabad High Court. The Court specified that the matter would be listed before the roster Bench on February 17, 2025, in the morning session. The Supreme Court also clarified that the parties present during the current hearing are expected to appear before the High Court without requiring further notice.

The Supreme Court instructed its Registry to forward a copy of its order to the Registrar (Judicial) of the Allahabad High Court. The Registrar has been tasked with ensuring the application is listed as directed.

Continuation of Interim Relief:

The interim relief granted by the Supreme Court on July 10, 2024, will remain in effect until the High Court hears the restored application.

Observations:

In its order, the Supreme Court refrained from commenting on the merits of the case. All contentions were left open for adjudication by the High Court.

Conclusion:

The appeal was partly allowed, providing the appellants an opportunity to have their case reconsidered on merits by the High Court. The ruling underscores the importance of judicial scrutiny at every level, ensuring procedural fairness and justice for all parties involved.