Supreme Court - Daily Orders
Renu Seth vs State Of Up . on 1 April, 2016
Bench: A.K. Sikri, R.K. Agrawal
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 251 OF 2016
(Arising out of SLP (Criminal) No. 1160 of 2014)
RENU SETH ... Appellant
VERSUS
STATE OF UP & ORS. ... Respondents
O R D E R
Leave granted.
We have heard the learned counsel for the parties at length at this stage itself.
The appellant herein had filed petition under Section 482 of the Code of Criminal Procedure for quashing of proceedings in FIR Case Crime No. 611 of 2013 which is registered under Sections 420, 467, 468, 471, 34/120B of the Indian Penal Code with Police Station Sadar Bazar, District Shahjahanpur. The case set up by the appellant before the High Court was that even as per the FIR, there was no allegation against her and she was unnecessary implicated. We find from the impugned order of the High Court that even the High Court has accepted this position. Notwithstanding the same, the High Court did not quash the proceedings against the appellant but only gave a limited relief to the Signature Not Verified Digitally signed by NIDHI AHUJA extent that the appellant shall not be arrested in the said Date: 2016.04.04 21:52:34 IST Reason: case till credible evidence is not collected by 1 Crl. A. No. 251/2016 Investigation Officer during investigation. We are now informed that even after investigation, nothing is found against the appellant.
When there is no allegation against the appellant in the FIR and investigation also does not reveal any incriminating material against the appellant, we fail to understand as to how the High Court could not take the case to its logical conclusion by giving relief of quashing of the FIR itself.
The appeal is, accordingly, allowed and the proceedings in the aforesaid FIR are quashed insofar as the appellant is concerned.
......................., J.
[ A.K. SIKRI ] ......................., J.
[ R.K. AGRAWAL ] New Delhi;
April 01, 2016.
2 Crl. A. No. 251/2016 ITEM NO.41 COURT NO.12 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No. 1160/2014 (Arising out of impugned final judgment and order dated 13/11/2013 in CRLWP No. 22122/2013 passed by the High Court Of Judicature at Allahabad) RENU SETH Petitioner(s) VERSUS STATE OF UP & ORS. Respondent(s) (With appln. (s) for stay and office report) (For final disposal) Date : 01/04/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. Abhay Kumar, Adv.
Ms. Kamna Vohra, Adv.
Mr. Tenzing Tsering, Adv.
For Respondent(s) Mr. Praveen Chaturvedi, Adv.
Ms. Jyoti Chaturvedi, Adv.
Mr. Rajiv Yadav, Adv.
Mr. Manoj Kumar, Adv.
Ms. Pallavi Pratap, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order. In view thereof, the pending application stands disposed of.
(Nidhi Ahuja) (Tapan Kr. Chakraborty)
Court Master Court Master
[Signed order is placed on the file.] 3