The court affirmed that even if a prosecution complaint is quashed, information under Section 66(2) of the PML Act can justify the lodging of an FIR, as it discloses cognizable offences.

JUDGMENT :

SIDDHARTHA VARMA, J.

1. Criminal Misc. Writ Petition No. 6236 of 2024 (Anil Tuteja vs. Station House Officer & Ors.) has been filed with the following prayers:

“(A) Issue appropriate writ, order or direction to quash the FIR dated 30.7.2023 bearing FIR No. 196/2023 dated 30.7.2023 u/s 420, 468, 471, 473, 484, 120-B IPC PS Kasna, District Greater Noida, Uttar Pradesh (“Impugned FIR”) registered by the Respondent No. 1 and all consequential proceedings emanating therefrom.

(B) Issue appropriate writ, order or direction to stay the operation and effect of the FIR dated 30.7.2023 bearing FIR No. 196/2023 dated 30.7.2023 u/s 420, 468, 471, 473, 484, 120-B IPC PS Kasna, District Greater Noida, Uttar Pradesh (“Impugned FIR”) registered by the Respondent No. 1 and all investigations and proceedings emanating therefrom.

(C) Issue appropriate writ, order or direction to quash the Impugned Letter dated 28.07.2023 along with all consequential actions and proceedings emanating therefrom as being illegal and in contempt of the Orders of the Hon’ble Supreme Court.”

2. Criminal Misc. Writ Petition No. 6194 of 2024 (Anwar Dhebar vs. State of U.P. & Ors.) has been filed with the following prayers:

“(I) Issue appropriate writ, order or direction to quash the FIR dated 30.7.2023 bearing FIR No. 196/2023 dated 30.7.2023 u/s 420, 468, 471, 473, 484, 120-B IPC PS Kasna, District Greater Noida, Uttar Pradesh (“Impugned FIR”) registered by the Respondent No. 3 and all consequential actions/proceedings/ investigations emanating therefrom.

(II) Issue appropriate writ, order or direction to stay the operation and effect of the FIR dated 30.7.2023 bearing FIR No. 196/2023 dated 30.7.2023 u/s 420, 468, 471, 473, 484, 120-B IPC PS Kasna, District Greater Noida, Uttar Pradesh (“Impugned FIR”) registered by the Respondent No. 3 and all actions/ investigations and proceedings emanating therefrom.

(III) Issue appropriate writ, order or direction to quash the Impugned Letter dated 28.07.2023 along with all consequential actions/proceedings/investigations emanating therefrom as being illegal and in violation of the Orders of the Hon’ble Supreme Court.”

3. Similarly, Criminal Misc. Writ Petition No. 6195 of 2024 (Arun Pati Tripathi vs. State of U.P. & Ors.) has been filed with the following prayers:

“(I) Issue appropriate writ, order or direction to quash the FIR dated 30.7.2023 bearing FIR No. 196/2023 dated 30.7.2023 u/s 420, 468, 471, 473, 484, 120-B IPC PS Kasna, District Greater Noida, Uttar Pradesh (“Impugned FIR”) registered by the Respondent No. 3 and all consequential actions/proceedings/ investigations emanating therefrom.

(II) Issue appropriate writ, order or direction to stay the operation and effect of the FIR dated 30.7.2023 bearing FIR No. 196/2023 dated 30.7.2023 u/s 420, 468, 471, 473, 484, 120-B IPC PS Kasna, District Greater Noida, Uttar Pradesh (“Impugned FIR”) registered by the Respondent No. 3 and all actions/ investigations and proceedings emanating therefrom.

(III) Issue appropriate writ, order or direction to quash the Impugned Letter dated 28.07.2023 along with all consequential actions/proceedings/investigations emanating therefrom as being illegal and in violation of the Orders of the Hon’ble Supreme Court.”

4. Niranjan Das, another accused in the First Information Report which has been impugned in the above writ petitions, has filed Criminal Misc. Writ Petition No. 7389 of 2024 and the prayers made in the writ petition are as follows:

“(A) Issue appropriate writ, order or direction to quash the FIR bearing Ca