LAWS(SC)-2023-10-116

SHIV KUMAR SHARMA Vs. STATE OF MADHYA PRADESH

Decided On October 30, 2023
SHIV KUMAR SHARMA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Heard the learned senior counsel appearing for the parties.

(3.) The prayer made by the appellant before the High Court in a petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short "CrPC") was for quashing the First Information Report. By the impugned order, the High Court has rejected the said petition without going into the merits of the case made out by the appellant. Strangely, the High Court has observed that the Investigating Officer will give opportunity to the appellant to explain the material collected against him during the investigation before submission of the final report under Sec. 173 of CrPC. To say the least, such approach is very strange and contrary to law.