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"...petitioners not being named as accused in the said crime or the case now registered by the CBI on the basis of the said crime, cannot be permitted to ask for quashing of the proceedings concerning some other persons", remarked the Supreme Court last week.

A petition was filed by one Hukum Chand Garg and another for quashing of Case Crime No. 540 of 2019 registered at P.S. Hazratganj, District Lucknow, Uttar Pradesh.

Noting that the petitioners had not been named as accused in the said crime, a bench of Justices AM Khanwilkar and CT Ravikumar said,

"If the petitioners have not been named as accused in the said crime, the question of quashing of stated FIR or the case now under investigation by the Central Bureau of Investigation (CBI) arising from the said crime, does not arise as the petitioners will have no locus to seek such a relief."

On the earlier occasion, the Court had noticed that a lookout notice was issued against the petitioners.

The bench went on to clarify that the said lookout notice was issued by the local police (Uttar Pradesh Police) investigating the crime at that time, which notice had lapsed with the passage of time.

In that sense, the writ petition(s) filed by the petitioners to challenge the said lookout notice also could not survive for consideration.

The Court however granted the petitioners liberty to take recourse to appropriate remedy, as and when they are named by the Investigating Agency (CBI) in connection with the stated offence now under investigation by the CBI.

"The Investigating Officer of CBI shall give 48 hours’ advance notice to the petitioners before proceeding against the petitioners, so as to enable the petitioners to take recourse to appropriate remedy, as may be advised...", further ordered the bench.

Case Title: HUKUM CHAND GARG & ANR. v THE STATE OF UTTAR PRADESH & ORS.