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2022 Supreme(SC) 1748

A. M. KHANWILKAR, C. T. RAVIKUMAR
Hukum Chand Garg – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: K.V. Viswanathan, Prithu Garg, Yudhveer Singh Rawal, Amartya Sharan.
For the Respondents: Tushar Mehta, Suryaprakash V. Raju, Zoheb Hussain, Kanu Agrawal, Sairica Raju, Guntur Pramod Kumar, A.K. Sharma, M.K. Maroria, Ratnakar Dash, Amor Chitravanshi, Adarsh Upadhyay.

ORDER :

1. The petitioners had filed petition for quashing of Case Crime No. 540 of 2019 registered at P.S. Hazratganj, District Lucknow, Uttar Pradesh.

2. It is not in dispute that the petitioners have not been named as accused in the said crime. If the petitioners have not been named as accused in the said crime, the question of quashing of stated FIR or the case now under investigation by the Central Bureau of Investigation (CBI) arising from the said crime, does not arise as the petitioners will have no locus to seek such a relief.

3. In other words, the petitioners not being named as accused in the said crime or the case now registered by the CBI on the basis of the said crime, cannot be permitted to ask for quashing of the proceedings concerning some other persons (accused).

4. For the same reason, we do not intend to examine the correctness of the relief claimed under Section 438 of the Criminal Procedure Code at the instance of the petitioners herein.

5. It will be open to the petitioners to take recourse to appropriate remedy, as and when they are named by the Investigating Agency (CBI) in connection with the stated offence now under investigation by the CBI.

6. The Investigatin

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