The High Court dismissed the writ petition for quashing the FIR, holding that the complainant must first be served and heard. The court found the FIR disclosed an offence and noted a delay in lodging it.
Writ petition dismissed; permission for bail if petitioner surrenders.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (Criminal) No. 448 of 2017
Basant Vashishtha …..Petitioner
Versus
State of Uttarakhand and others ….Respondents
Mr. Sanpreet Singh Ajmani, Advocate for the petitioner Mr. A.S. Gill, Dy. Advocate General assisted by Mr. Milind Raj, Brief Holder for the State.
Hon’ble V.K. Bist, J.
This writ petition has been filed by the petitioner for quashing of the impugned F.I.R. No.22 of 2017 dated 17.03.2017, relating to offences punishable u/s 323, 504, 506 of IPC, registered at Police Station Kathgodam, District Nainital.
2
is the right of the complainant to be heard by the Court. If it is not done, in that event, the complainant will never come to know about the order passed by this Court and the petitioner, against whom F.I.R. is registered at the instance of the complainant, will enjoy the fruits of order without knowledge of the complainant. Moreover, while deciding the petition finally, the prayer for quashing the F.I.R. is either to be allowed or rejected.
Rajni
2 issues framed by the court
Whether the writ petition for quashing of the FIR can be disposed of without serving and hearing the complainant.
Whether the allegations in the FIR disclose the commission of an offence warranting judicial interference.
Colour shows how this judgement treated each authority
Arnesh Kumar Vs. State of BiharReferred¶9
Arnesh Kumar Vs. State of Bihar and another, (2014) 8 SCC 273 · Who else cites this
4 provisions across 2 enactments
Basant Vashishtha
State of Uttarakhand
V.K. Bist
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
