'Criminal writ was disposed in cyclostyled manner': Top Court directs Uttarakhand High Court CJ to list petition before another Judge

The Supreme Court on Tuesday deprecated the manner in which a single judge bench of the Uttarakhand High Court had disposed of a criminal writ petition in a cyclostyled manner.

A bench of Justices Ajay Rastogi and BV Nagarathna, therefore, requested the Chief Justice of the High Court to list the Criminal Writ Petition before another Judge.

One Harsh R. Kilachand had filed an appeal for quashing the registered FIR with Police Station Mukteshwar, District Nainital, Uttarakhand for the offence punishable under Section 420 IPC.

After hearing Senior Advocate Meenakshi Arora, representing Kilachand, and having gone through the various orders passed by the Single Judge, the Top Court said,

"Prima facie, we are of the view that while passing these orders, the learned Judge has not taken pains to look into the merits of the matter and has passed cyclostyled orders."

Further, Court was told that the appellants before the High Court tried to persuade the High Court to appreciate the facts on merits for quashing of the FIR in regard to which the complaint was made but the order impugned did not disclose even the bare facts for appreciation and this was the reason for the appellants to approach the top Court.

"In our considered view, the manner in which the order impugned has been passed by the High Court under Article 226 of the Constitution cannot be appreciated", the vacation bench observed.

Accordingly, while setting aside the order, the Court ordered for the Criminal Writ Petition to be restored on the file of the High Court and to be heard on its own merits, in accordance with the law.

"For a period of eight weeks, the respondents are restrained from taking any coercive action against the appellants in reference to FIR No. 17 of 2022. The appellants are at liberty to file an application seeking interim protection before the High Court", further ordered the Top Court.

Case Title: HARSH R. KILACHAND & ANR. vs STATE OF UTTARAKHAND & ORS