Justice Prevails: Supreme Court Revives Quashing Petition Against FIR.
29 November 2024
Criminal Appeals & Suspension of Sentence >> Criminal Law | FIR >> Criminal Law
In Mukesh & Others v/s The State of Uttar Pradesh & Others., the appellants sought to quash a First Information Report (FIR) related to various offenses under the Indian Penal Code, but their petition was dismissed by the Allahabad High Court, which deemed it "infructuous" due to the filing of a chargesheet. The Supreme Court found this dismissal troubling, stating that the merits of the case were not considered.
The State of Uttar Pradesh argued that the appellants could challenge the charges through a revision application after charges were framed. However, the Supreme Court disagreed, noting that the petition for quashing allowed for broader arguments, including those based on abuse of process, which would not be available in a discharge application.
Consequently, the Supreme Court set aside the High Court's order, restoring the writ petition for further consideration on its merits. The trial proceedings were stayed pending the High Court's review, with the case scheduled for a hearing on January 6, 2025. All arguments between the parties remain open for determination by the High Court.