While it is not possible to comment on the order of the High Court without actually seeing the detailed order, from what you have mentioned it appears that the High Court has not quashed the FIR. It appears that the order passed by the magistrate under Section 156(3) of the Cr.P.C. might have been a brief order without giving detailed reasons, due to which the High Court might have directed the magistrate to give detailed reasoning. It is also not known from your question as to whether the accused person, in his petition, had brought to the notice of the High Court that an FIR had already been registered by the police on the basis of the order of the magistrate. If this fact had been specifically brought to the notice of the High Court and in spite of this, if the High Court has not passed any specific order with regard to quashing of the FIR, then it would have to be considered that the FIR continues to be valid and has not been quashed. Other than what has been mentioned above, it is difficult to say anything specific unless one goes through the detailed order of the High Court and unless one knows full facts of the case.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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