The Supreme Court ruled that the persons not being named as accused in the crime are not permitted to ask for quashing of the proceedings concerning some other accused.
The petitioners had filed a petition for quashing of Case registered at P.S. Hazratganj, Uttar Pradesh.
The division bench of Justice A.M. Khanwilkar Justice C.T. Ravikumar noted that it is not in dispute that the petitioners have not been named as accused in the said crime. If the petitioners have not been named as accused in the said crime, the question of quashing the 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.
The court said that the 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 (accused).
For the same reason, the court did not intend to examine the correctness of the relief claimed under Section 438 of the Criminal Procedure Code at the instance of the petitioners.
The court said that it will be open to the petitioners to take recourse to appropriate remedy, as and when they are named by the Investigating Agency (CBI) in connection with the stated offense now under investigation by the CBI.
The court directed the Investigating Officer of CBI to 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.
The court clarified that the lookout notice was issued by the local police (Uttar Pradesh Police) investigating the crime at that time, which notice has lapsed with the passage of time.
The court added that in that sense, the writ petition(s) filed by the petitioners to challenge the said lookout notice would also not survive for consideration. That can be pointed out to the High Court where the said petition is pending.
Case title: Hukum Chand Garg & Anr. v/s The State of Uttar Pradesh & Ors.
Citation: Petition(s) for Special Leave to Appeal (Crl.) No(s). 762/2020