Muristek
Satya Prakash
New Delhi, June 2
Taking strong exception to "cyclostyled orders" passed by a single Judge of the Uttarakhand High Court, the Supreme Court has set aside his order quashing an FIR in a cheating case.
A Vacation Bench led by Justice Ajay Rastogi sent the matter back to the High Court with a request to the Chief Justice to assign it another judge for adjudication.
"Prima facie, we are of the view that while passing these orders; the learned Judge has not taken pains to look into the merits of the matter and has passed cyclostyled orders," said the Bench, which also included Justice BV Nagarathna.
The top court also restrained the Uttarakhand Police from taking any coercive action against appellants Harsh R Kilachand and others for eight weeks and gave them liberty to approach the high court for interim protection.
"In our considered view, the manner in which the order impugned dated April 4 has been passed by the High Court under Article 226 of the Constitution cannot be appreciated by this court," the Bench said on May 31, allowing the appeal against the high court's order.
On behalf of the appellants, senior advocate Meenakshi Arora explained how the single judge of the High Court passed orders in a "cyclostyled manner".
Arora said the appellants had tried to persuade the high court to appreciate the facts on merits for quashing the FIR, but the impugned order dated April 4 did not disclose even the bare facts for appreciation, forcing the appellants to move the top court.