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2024 Supreme(All) 1060
IN THE HIGH COURT OF ALLAHABAD
HON'BLE VIVEK CHAUDHARY, HON'BLE NARENDRA KUMAR JOHARI, JJ.
Hariram Agarwal And Others - Petitioners
Versus
State of U.P., Thru. Prin. Secy. Home Deptt. Uttar Pradesh Lko. And Others - Respondents
Criminal Misc. Writ Petition No. 4614 of 2023
Decided On : 15-07-2024
Advocate Appeared:
For the Petitioner: Krishna Kumar Seth, Rajesh Kumar, Rekha Verma.
IMPORTANT POINT
The court affirmed that challenges to an F.I.R. should be made in the appropriate trial court rather than through a writ petition, emphasizing the procedural hierarchy in legal remedies.
Headnote:
QUASHING - F.I.R. - The court dismissed the writ petition seeking to quash the F.I.R., stating that the petitioners could address any grievances regarding the charge-sheet in the appropriate court, emphasizing the importance of following procedural remedies.
Fact of the Case:
The petitioners sought to quash an F.I.R. filed against them, arguing for relief from the charges.
Finding of the Court:
The court found that a charge-sheet had already been filed and cognizance taken, indicating that the matter was progressing in the lower court.
Issues: Whether the court should interfere with the F.I.R. or the charge-sheet filed against the petitioners.
Ratio Decidendi: The court held that it would not interfere with the F.I.R. as the petitioners had the option to address their grievances in the trial court, reinforcing the principle of allowing lower courts to handle procedural matters.
Final Decision: The writ petition was dismissed, and any interim orders were vacated.
JUDGMENT :
1. Heard learned counsel for petitioners and learned A.G.A. for State.
2. Learned A.G.A. on instructions states that charge-sheet has been filed before the Court below on 15.12.2023, cognizance of which has been taken.
3. If petitioners have any grievance with regard to charge-sheet, petitioners can point out the same before the court concerned. No interference is called for any further in these proceedings which are for quashing of the F.I.R.
4. Without prejudice to the rights of the petitioners to pursue other remedies with regard to the charge-sheet and also before the trial Court, the writ petition is dismissed.
5. Interim order, if any, stands vacated.
