KRISHNA MOHAN CHATURVEDI vs STATE THROUGH THE SECRETARY (HOME) - 2024-01-09

O R D E R

SLP (Criminal) No. 5267 of 2020 Heard Mr. Kamal Kant Jha, learned counsel appearing for the petitioner. Mr. Wasim Qadri, learned senior counsel appears for State. The respondent No. 2 is represented by Mr. Sachin Sharma, learned counsel.

The High Court refused to quash the FIR under the impugned judgment dated 25.04.2019 while observing that the challan had already been filed for the trial of the offences, under Sections 376/313 of the IPC. The Court further observed that if chargesheet does not contain any material showing prima facie commission of offences, the petitioner shall have the right to seek discharge on that basis.

We have considered the submissions made by the learned counsel for the parties.

No infirmity is seen with the view taken by the High Court in the impugned judgment dated 25.04.2019.

The Special Leave Petition is accordingly dismissed.

Pending application(s), if any, shall stand closed.

SLP (Criminal) No. 2110 of 2020 Heard learned counsel for the parties.

Under the impugned order dated 14.02.2020, the petitioner’s bail was cancelled but it is seen that this Court has stayed the High Court order on 01.06.2020 while issuing notice in the Special Leave Petition.

Since the connected matter (SLP (Criminal) No. 5267 of 2020)

is disposed of today, the bail order dated 31.07.2018 passed by the High Court in favour of the petitioner, is restored. The petitioner is expected to cooperate with the early conclusion of the trial and must also maintain distance from the witnesses. In the event of any misuse of bail conditions, the trial court is at liberty to order for cancellation of bail.

With the above order, the Special Leave Petition stands disposed of.

Pending application(s), if any, shall stand closed.

(NITIN TALREJA) (KAMLESH RAWAT)

ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR