Asish Roy vs State Of West Bengal & Anr

The Supreme Court held that the High Court erred in dismissing the writ petition seeking quashing of the FIR under Article 136 of the Constitution of India, stating that an accused has the right to challenge the investigation of a cognizable offence. The Court emphasized that the High Court's refusal to entertain the petition based on the incomplete investigation was incorrect, as it has jurisdiction to consider such applications. The Court referred to the precedent in Suryalakshmi Cotton Mills Ltd. Vs. Rajvir Industries Ltd. & Ors., reinforcing the principle that FIRs can be challenged even if they are taken at face value.