A division bench of Apex Court has held as follows,
From Para 12,
12. We also take notice of the fact that infact the petition before the High Court was to quash the FIR. In a petition where quashing of the FIR is prayed for, the High Court should not have passed an order directing the Investigating Officer to comply with Section 41-A of the Criminal Procedure Code, 1973 (for short, “the Cr.PC) because it indirectly amounts to granting a relief which High Court could have considered only if a prima facie case for quashing of the FIR is made out.
Citations:
Other Sources:
Index of Quash judgments is here.
