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Supreme Court warns High Courts: Do not protect an accused from Arrest while refusing to quash FIR

January,11,2017:

Such order has no sanction in Law, said SC.

Supreme Court has ruled that no High Court should protect an accused from the arrest while rejecting his petition for quashing of First Information Report (FIR).

Supreme Court
Supreme Court

Apex Court Bench comprising of Justice Dipak Misra and Justice Amitava Roy took serious objection to an order which was passed by Telengana High Court, which ordered Police not to arrest Mr. Habib Abdullah Jeelani, even while rejecting his plea, for quashing of criminal case arising from assaulting a person with the dangerous weapons.

Justice Misra expounded that, “It is absolutely inconceivable and unthinkable to pass an order of present nature while declining to interfere or expressing the opinion that it is not appropriate to stay investigation. This kind of order is really inappropriate. It has absolutely no sanction in law.”

Supreme Court further enunciated that, “Courts should oust and obstruct unscrupulous litigants from invoking inherent jurisdiction of court on the drop of a hat to file an application for quashing of  FIR or investigation and then seek relief by an interim order”.

Apex Court thus set aside Telengana High Court’s decision and also directed that the Police should proceed with investigation into criminal case in accordance with the law.

Supreme Court Judgement on Stoping High Courts From Granting Bail While Refusing Quashing of FIR by latest laws team on Scribd

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