Strange Approach By HC : Supreme Court Sets Aside Order Dismissing FIR Quashing Petition As 'Infructuous' Due To Petitioner's Arrest

The Supreme Court today (September 20) criticized a decision of the Allahabad High Court, which declared a petition seeking the quashing of an FIR as “infructuous” solely because the petitioner had been arrested.

A bench of Justice Abhay Oka and Justice Pankaj Mithal set aside the High Court's order that dismissed the petition without considering its merits.

In its order, the Supreme Court stated, “The High Court has adopted a very strange approach, to say the least. The prayer was for quashing of the First Information Report. It was the duty of the High Court to decide the petition on merits.”

The appellant had filed a petition under Article 226 of the Constitution and Section 482 of the CrPC before the HC seeking to quash the FIR against him.

The Allahabad HC dismissed the appellant's petition after being informed of the appellant's arrest under Section 7A of the Prevention of Corruption Act and Sections 419 and 467 of the IPC on the ground that petition had become infructuous due to the arrest. Thus, he filed the present SLP before the Supreme Court.

During the hearing, Justice Abhay Oka remarked, “How it becomes infructuous just because he was arrested? The prayer is for quashing the FIR. We will send it back. It is a very strange approach by the High Court.”

The Supreme Court restored the quashing petition to the Allahabad HC and directed the Registrar (Judicial) of the HC to list the restored petition for hearing on October 14, 2024. The Court further held that its interim order dated August 9, 2024 allowing the petitioner's release would continue to operate until the HC decides the restored petition.

The Supreme Court clarified that this interim relief would benefit only the appellant, and all questions on the merits of the case were left open for consideration.

Case no. – SLP(Crl.) No. 10178/2024

Case Title – Vidhu Gupta v. State of UP

Citation : 2024 LiveLaw (SC) 735

Click Here To Read/Download Order