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Supreme Court Set Aside Order Dismissing FIR Quashing Petition As 'Infructuous' Due To Petitioner's Arrest
The Business Guardian
|September 24, 2024
The Supreme Court in the case Vidhu Gupta v.State of UP observed and has 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.
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The bench comprising of Justice Abhay Oka and Justice Pankaj Mithal in the case observed and has set aside the order of High Court, wherein the court dismissed the petition without considering its merits.
The Supreme Court in its order stated that 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.
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