SAVITRI PANDEY AND ANOTHER versus STATE OF U.P.AND OTHERS
Given the deletion of anticipatory bail in Uttar Pradesh and the glaring facts indicating abuse—delay of 19 years, no civil suit for cancellation, family dispute, and no specific role assigned—the FIR is an abuse of process and is quashed.
- Parties
- Appellant: Savitri Pandey; Appellant: Raju Pandey; Respondent: State of U.P.; Respondent: Damitri Pandey; Respondent: Respondents Nos. 1 to 3 (State officials)
- Jurisdiction
- India
- Judgment Date
- 01 May 2015
- Procedural Posture
- Criminal Appeal / Appeal Against High Court Order Dismissing Writ Petition for Quashing FIR
- Outcome
- Appeal allowed
- Legal Topics
- Quashing of FIR, Abuse of Process of Law, Maintainability of Writ Petition, Anticipatory Bail
Case Brief
Summary, issues, holding and outcome
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Parties
Savitri Pandey
Appellant
Raju Pandey
Appellant
State of U.P.
Respondent
Damitri Pandey
Respondent
Respondents Nos. 1 to 3 (State officials)
Respondent
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Dismissing Writ Petition for Quashing FIR
Legal Issues
- 1 Whether writ petition for quashing of FIR is maintainable in State of Uttar Pradesh in light of deletion of anticipatory bail provision
- 2 Whether FIR filed was an abuse of process of law and liable to be quashed
Ratio Decidendi
Given the deletion of anticipatory bail in Uttar Pradesh and the glaring facts indicating abuse—delay of 19 years, no civil suit for cancellation, family dispute, and no specific role assigned—the FIR is an abuse of process and is quashed.
Court Disposition
Appeal allowed
Orders
- First Information Report, lodged against the present appellants, stands quashed.
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