87. It was held by this very Bench in Somjeet Mallick v. State of Jharkhand & Ors., reported in (2024) 10 SCC 527, that a petition to quash the FIR does not become infructuous on submission of a police report under Section 173(2) of the Cr.P.C. However, the courts are expected to apply their mind to the materials submitted in support of the police report before deciding on whether the FIR and consequential proceedings should be quashed or not…..

88. We find it apt to mention that an accused person may approach the High Court for quashing of the FIR and chargesheet under Article 226 of the Constitution till the time cognizance on the chargesheet has not been taken by the jurisdictional Trial Court. Once cognizance is taken, thereafter the accused person may approach the High Court under Section 528 of the B.N.S.S. (earlier Section 482 of the Cr.P.C.) at any stage of the proceedings for quashing of the FIR and the consequential proceedings on the ground of abuse of the process of law. (See: Order dated 15.10.2024 in SLP (Crl.) 13578/2024, Neeta Singh and Others v. The State of Uttar Pradesh and Others)