Summary
The High Court had dismissed the appellants' application to quash an FIR without issuing notice and without recording any reason. The Supreme Court held that a court declining even to issue notice must give reasons, or else issue notice and decide on merits after hearing both sides; the unreasoned dismissal violated natural justice and was set aside with a remand.
Issues
- Whether a High Court may dismiss a quashing application at the threshold, declining even to issue notice, without recording any reason for doing so.
Held
- Where the High Court is not inclined even to issue notice on a quashing application, it must assign reasons for that course; the alternative is to issue notice and, after a fair opportunity to both sides, decide the application on merits. An order that does neither, and from which no reason for refusing notice can be gathered, violates the principles of natural justice. (¶ 6)
- Such an order cannot be sustained and the appropriate course is to set it aside and restore the application to the High Court's file for disposal on its own merits in accordance with law. (¶ 7)
Result
Appeal allowed; impugned order dated 30.10.2023 set aside; Criminal Application No. 2439/2023 restored to the file of the High Court with a request to dispose of it on merits in accordance with law.