IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.__________ OF 2024 [ARISING OUT OF SPECIAL LEAVE PETITION (CRL.) NO.12354/2024]
MUKESH & ORS. APPELLANT(S)
VERSUS
THE STATE OF UTTAR PRADESH & ORS. RESPONDENT(S)
O R D E R
1. Leave granted.
2. Heard learned counsel appearing for the appellants and
learned counsel appearing for the State.
3. None appears for the first informant.
4. The appellants filed a petition before the High Court
of Allahabad praying for quashing the criminal proceedings.
The prayer in the writ petition was for quashing the First
Information Report (FIR) filed at the instance of the
fourth respondent for the offences punishable under
Sections 420, 467, 468, 470, 477, 448, 427 and 120B of the
Indian Penal Code, 1860.
5. By the impugned order dated 8th May, 2024, which is a
one line order, the High Court dismissed the writ petition
1
on the statement of the first informant that a charge-sheet
has been filed. We are surprised to note that without
considering the case of the appellants on merits, the
petition has been dismissed as infructuous. We fail to
understand how a petition for quashing criminal proceedings
becomes infructuous on the ground of filing of a charge-
sheet. Only on this ground itself, the impugned order
deserves to be set aside.
6. Learned counsel representing the State of Uttar
Pradesh su...