Persons Not Named In Crime Have No Locus To Seek Quashing Of Proceedings Concerning Some Other Accused: Supreme Court

The bench of Justices AM Khanwilkar & CT Ravikumar was considering SLP assailing Uttar Pradesh High Court's order dated January 13, 2020.

While disposing of the petition the bench in Hukum Chand Garg & Anr v State of UP & Anr observed that,

"It is not in dispute that the petitioners have not been named as accused in the said crime. If the petitioners have not been named as accused in the said crime, the question of quashing of stated FIR or the case now under investigation by the Central Bureau of Investigation (CBI) arising from the said crime, does not arise as the petitioners will have no locus to seek such a relief."

The petitioners who were not named as an accused had filed a petition for quashing of Case Crime No. 540 of 2019 registered at P.S. Hazratganj, District Lucknow, Uttar Pradesh.

Since the petitioners had no locus the bench also said that it did not intend to examine the correctness of the relief claimed under Section 438 of the Criminal Procedure Code at the petitioner's instance.

However, the bench granted them the liberty to take recourse to appropriate remedy, as and when they would be named by the Investigating Agency (CBI) in connection with the stated offence now under investigation by the CBI.

"The Investigating Officer of CBI shall give 48 hours' advance notice to the petitioners before proceeding against the petitioners, so as to enable the petitioners to take recourse to appropriate remedy, as may be advised," Bench further said in this regard.

Case Title: Hukum Chand Garg & Anr v State of UP & Anr| Special Leave to Appeal (Crl.) No(s). 762/2020

Coram: Justices AM Khanwilkar & CT Ravikumar

Counsel For Petitioners: Senior Advocate V. Viswanathan, Advocates Prithu Garg, Yudhveer Singh Rawal & Mr. Amartya Sharan

Counsel for Respondents: SG Tushar Mehta, ASG SV Raju, Senior Advocate Ratnakar Dash & Advocates Zoheb Hussain, Kanu Agrawal,Sairica Raju, Guntur Pramod Kumar, A. K. Sharma, M.K Maroria, Amor Chitravanshi, Adarsh Upadhyay