Supreme Court units apart Uttarakhand HC ‘cyclostyled’ order on plea for quashing of FIR

By PTI

NEW DELHI: The Supreme Court has put aside an order of Uttarakhand High Court handed in a plea for quashing of FIR in a dishonest case, saying the choose has not taken ache to look into the advantage of the case and has handed a “cyclostyled” order.

The high courtroom mentioned that the impugned order can’t be appreciated and restored the matter again to the High Court whereas requesting the Chief Justice of the High Court to record the matter earlier than one other choose.

A trip bench of Justices Ajay Rastogi and BV Nagarathna mentioned, “Prima facie, we are of the view that while passing these orders, the learned Judge has not taken pains to look into the merits of the matter and has passed cyclostyled orders.”

The bench in its current order restrained the Uttarakhand police from taking any coercive motion in opposition to appellants Harsh R Kilachand and others for eight weeks in reference to the FIR and granted them the freedom to maneuver the High Court for interim safety.

The high courtroom famous that the attraction has been most well-liked for quashing of the FIR dated February 24, 2022, registered at Nainital, Uttarakhand for the offence punishable below Section 420 (dishonest) of IPC.

Senior advocate Meenakshi Arora, showing for the appellants, identified numerous orders handed by the one choose of the High Court whereas disposing of the writ petition in a “cyclostyled manner”.

The bench famous that Arora on directions submitted that the counsel for the appellants earlier than the High Court had tried to steer the Court to understand the information on deserves for quashing the FIR regarding which the criticism was made however the order impugned dated April 4, 2022, doesn’t disclose even the naked information for appreciation and that is the explanation for the appellants to strategy this Court by submitting this attraction.

“In our considered view, the manner in which the order impugned dated April 4, 2022, has been passed by the High Court under Article 226 of the Constitution cannot be appreciated by this Court,” it mentioned.

The bench whereas permitting the attraction mentioned, “The order impugned dated April 4, 2022, is hereby set aside and the Criminal Writ Petition is restored on the file of the High Court of Uttarakhand and to be heard on its own merits, in accordance with law.”