Article 32 not an appropriate remedy for quashing of FIR or other criminal proceedings: SC
The Supreme Court ruled that Article 32 is not an appropriate remedy for quashing of FIR or other criminal proceedings.
Submission
Advocate Hemlata Rawat, appearing for the petitioner, seeked permission to withdraw the present Writ Petition by submitting that by the passage of time it has become infructuous.
Decision
The division bench of Justice M.R. Shah and Justice B.V. Nagarathna opined that such type of Writ Petition, under Article 32 of the Constitution of India, for the relief(s) prayed to quash and set aside the criminal proceedings/FIR ought not to have been filed.
The court said that it is not expected that the relief which can be considered by the High Court under Section 482 Cr.P.C. to be considered by the Court in exercise of powers under Article 32 of the Constitution of India.
The court dismissed the writ petition as withdrawn.
Case title: Gayatri Prasad Prajapati v/s State of Uttar Pradesh & Ors.
Citation: Writ Petition(s)(Criminal) No(s). 457/2021
