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DIPANKAR DATTA, PRASHANT KUMAR MISHRA
Neeta Singh – Appellant
Versus
State of Uttar Pradesh – Respondent
| Table of Content |
|---|
| 1. challenge to fir and judicial intervention (Para 1) |
| 2. nomenclature of petition irrelevant (Para 2 , 8 , 9 , 10 , 11 , 12) |
| 3. discretion of high court reviewed (Para 3 , 4 , 5 , 6 , 7 , 17 , 18) |
| 4. importance of jurisdiction and nomenclature (Para 13 , 14 , 15 , 16) |
| 5. dismissal of petition clarified (Para 19 , 20 , 21) |
ORDER
2. Mr. Nagamuthu, learned senior counsel for the petitioners, argues that the High Court grossly erred in dismissing the Writ Petition. According to him, it is settled principle of law that a First Information Report [FIR] can be quashed by a high court even when a discharge application is pending. Support is sought to be drawn from the decision in Anand Kumar Mohatta vs. State (NCT of Delhi), (2019) 11 SCC 706 more particularly paragraph ‘16’ thereof. The decision in State of Haryana vs. Bhajan Lal , (1992) 1 SCC 335 is placed to remind us of the situations when a high court either under Article 226 of the Constitution or under Section 482 , Cr. PC could exercise the power for quashing an FIR. He, thus, urges that merely because cognizance of the offence has been taken upon filing of the chargesheet, the same per se did not have the effect of cu
The High Court retains discretion to dismiss a Writ Petition challenging an FIR as infructuous once a charge-sheet and cognizance of the offense has been filed, emphasizing jurisdictional principles ....
Criminal proceedings cannot be initiated for civil disputes; FIR based on partnership agreements is an abuse of legal process.
Judicial orders in criminal cases are not amenable to writ jurisdiction under Article 226, requiring challenges to follow remedies under Article 227, as clarified by statutory provisions.
The Supreme Court ruled that a pending FIR can be quashed even after a chargesheet is filed if cognizance of the offense has not been taken, affirming the court's continued jurisdiction under Article....
The classification of writ petitions under Article 226 depends on the nature of the relief sought; if it may lead to criminal prosecution, it should be treated as a criminal writ petition.
Section 177 of the CrPC unambiguously states that every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.
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