Allahabad, Uttarakhand High Courts Quashing FIRs 'Without Applying Mind': Supreme Court

The Supreme Court's remarks came while hearing a petition against an order passed by the Uttarakhand High Court on a plea for quashing the FIR in a murder case.

The Supreme Court today said that the Allahabad and Uttarakhand High Courts are passing orders one after the other "without application of their mind" for no coercive action or protection from arrest despite its earlier order asking them to use the inherent power sparingly. A bench of Justices DY Chandrachud and MR Shah said, "We have seen two high courts Allahabad and Uttarakhand are passing these orders without application of mind even after our judgement in M/S Neeharika, Infrastructure versus State of Maharashtra in petitions for quashing of cases". The Supreme Court's remarks came while hearing a petition against an order passed by the Uttarakhand High Court on a plea for quashing the FIR in a murder case. "This is a serious matter. The FIR was registered under section 302 of the Indian Penal Code. Just see the anxiety of the High Court, it directs that the person should surrender by August 10 and the bail be decided on the same day and if the bail application is rejected, then the Session Court should hear the bail plea the same day," the bench said.