Quashing of FIR - A Simple Case or a Minefield?

admin judiciary beginner trick_question

A simple-looking Administrative Law question from Judicial Services: "Can a High Court quash an FIR under Article 226 if the person has already been granted bail by the Magistrate?" Sounds straightforward, right? Most people would say yes, it's easy, the High Court can definitely quash the FIR. But NO, don't be so quick to jump to conclusions. The twist is that in Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1, the SC said that an FIR can be quashed only if there's no prima facie case against the accused. But the Magistrate's grant of bail is no guarantee that there's no case against the accused. So, the High Court can't just quash the FIR without considering the merits of the case. Don't fall into the trap of thinking it's a straightforward yes or no question.

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