'Very strange and contrary to law': SC restores plea seeking quashing of FIR in Madhya Pradesh HC

A bench comprising Justices Abhay S Oka and Pankaj Mithal said: “Strangely, the High Court has observed that the Investigating Officer will give opportunity to the appellant to explain the material collected against him during the investigation before submission of the final report under Section 173 of CrPC. To say the least, such an approach is very strange and contrary to law”.

New Delhi: The Supreme Court has expressed its discontent at the "strange" manner in which the Madhya Pradesh High Court refused to allow a plea seeking quashing of a criminal case without hearing the matter on merits.

A bench comprising Justices Abhay S Oka and Pankaj Mithal said: “Strangely, the High Court has observed that the Investigating Officer will give opportunity to the appellant to explain the material collected against him during the investigation before submission of the final report under Section 173 of CrPC. To say the least, such an approach is very strange and contrary to law”.

The Madhya Pradesh High Court rejected the petition without going into the merits of the case made out by the appellant. The bench noted that the prayer made by the appellant before the high court in a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) was for quashing the First Information Report (FIR).

The apex court noted that the appellant’s case on merits has not been considered by the high court. “Hence, by setting aside the impugned judgment and order dated 12th April, 2023, we restore Miscellaneous Criminal before the High Court”, said the bench. Shiv Kumar Sharma had moved the apex court challenging the high court order.

The apex court directed the registrar (judicial) of the Madhya Pradesh High Court to list the restored petition before the roster bench on December 8, 2023 in the morning, and the parties shall appear before the roster bench on that day.

“To enable the High Court to consider the case on merits, we extend the interim relief granted by this court on 18th August, 2023 till 8th January, 2024 with a liberty to the appellant to apply to the High Court for continuation of interim relief in the event the remanded case is not decided till 8th January, 2024”, said the apex court, in its order passed on October 30.

The apex court said the high court will decide the case of the petitioner on merits without being influenced by the interim relief granted by it and all contentions are left open, to be considered by the high court.