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2024 DIGILAW 448 (SC)

Pragati Chauhan v. State OF U. P.

2024-04-22

ARAVIND KUMAR, SUDHANSHU DHULIA

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ORDER 1. Leave granted. 2. An FIR has been filed against the appellant under Sections 177 and 420 of the IPC registered with PS Quarsi, District Aligarh. 3. We have perused the translated version of the First Information Report (for short, ‘the FIR’) as well as the original version. In our considered opinion, no crime is reflected from the averments made in the FIR. The allegations are only to the effect that the appellant had obtained motivation letter given by the Governor which was based on wrong facts. 4. No offence has been made out on our bare perusal of FIR. Even on our repeated query to the learned counsel for the State, we find no satisfactory answer as to what offence is made out from the FIR itself. The FIR only says that the appellant has not properly attended to 20 children suffering from tuberculosis and although they have obtained a certificate to that effect from the Governor of U.P. The allegations are again extremely vague and generalized. It does not specify any detail or give any references of what the appellant has done or what she has not done which she was supposed to do. 5. Under these vague charges and from a perusal of the FIR, we are of the considered opinion that no offence is made out. We are also of the opinion that the High Court should have exercised its inherent power under Section 482 Cr.P.C. in this case and should have quashed the proceedings which is nothing but an abuse of process of law. 6. We hereby quash the Case Crime No.362 of 2021 for the offence under Sections 177 and 420 of the IPC. We also set aside the order of the High Court dated 28.07.2021. 7. The appeal is accordingly allowed. 8. Pending application(s), if any, shall stand disposed of.