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1999 Supreme(All) 1444

ALOK KUMAR BASU, S.RAFAT ALAM, G.P.MATHUR
SATYA PAL – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
RAVINDRA RAI

S. RAFAT ALAM, J.

( 1 ) WHETHER the person lodging a First Information Report (F. I. R.) with police regarding an offence or a crime has to be heard as necessary party before deciding a writ petition by an accused under Article 226 of the Constitution of India in this Court for quashing the said F. I. R. and whether the writ petition at the admission stage can be finally disposed of with the direction of stay of arrest of petitioner without inviting counter-affidavit from the informant and the investigating agency even when the F. I. R. discloses prima facie cognizable offence are the core questions in this reference which are of great significance and far reaching consequences as large number of writ petitions are filed in this Court for quashing of F. I. R. and stay of arrest.

( 2 ) PETITIONERS, Satya Pal and others have sought issuance of a writ of certiorari for quashing the F. I. R. dated 27-9-1998 on the basis of which Crime No. 798 of 1998 under Sections 420, 467, 468 and 471, I. P. C. was registered at Police Station Noida, Gautam Buddha Nagar, on several grounds stated in the petition apart from citing as precedence the order dated 3-11-1998 of a Division Bench of this Cou



















































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