ASISH ROY vs STATE OF WEST BENGAL

The Supreme Court held that the High Court erred in dismissing the writ petition seeking to quash the FIR registered under C.R.No.224 of 2007, stating that the investigation was not yet complete. The Court emphasized that an accused has the right to approach the High Court for quashing an FIR, even if the investigation is ongoing, and that the High Court's refusal to entertain such a petition was based on a misinterpretation of its jurisdiction. The Court clarified that the petitioners could raise their contentions at the time of framing charges after the charge sheet is filed, thus allowing the writ petition to proceed.