Writ Petition Under Article 32 To Quash FIR/Criminal Proceedings Cannot Be Entertained: Supreme Court

The Supreme Court observed that a writ petition under Article 32 of the Constitution of India to quash FIR/criminal proceedings cannot be entertained.

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 this Court in exercise of powers under Article 32 of the Constitution of India, the Court observed while dismissing a writ petition filed by Gayatri Prasad Prajapati as withdrawn.

The bench comprising Justices MR Shah and BV Nagarathna observed thus while considering the request made by the counsel to withdraw the Writ Petition. It was submitted that by the passage of time, the writ petition has become infructuous.

"Even otherwise, we are of the opinion 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 bench said.

The Supreme Court in Arnab Ranjan Goswami vs Union Of India (2020) 14 SCC 12 had also made similar observations. It had observed thus: "Whether the allegations contained in the FIR do or do not make out any offence as alleged will not be decided in pursuance of the jurisdiction of this Court under Article 32, to quash the FIR. The petitioner must be relegated to the pursuit of the remedies available under the CrPC, which we hereby do. The petitioner has an equally efficacious remedy available before the High Court. We should not be construed as holding that a petition under Article 32 is not maintainable. But when the High Court has the power under Section 482, there is no reason to by-pass the procedure under the CrPC, we see no exceptional grounds or reasons to entertain this petition under Article 32. There is a clear distinction between the maintainability of a petition and whether it should be entertained."

Though this judgment (Arnab Ranjan Goswami) was referred to, the Supreme Court rejected the preliminary objection raised against the writ petition filed by the senior journalist Vinod Dua challenging the sedition case filed against him. The court  noted that there is a line of cases in which even while exercising jurisdiction under Article 32, the concerned FIRs were quashed. "Thus, the practice of directing that the High Court be approached first even in cases of violation of fundamental rights, is more of a self imposed discipline by this Court; but in glaring cases of deprivation of liberty, this Court has entertained petitions under Article 32 of the Constitution.", the court had observed in Vinod Dua vs Union of India LL 2021 SC 266.

Headnotes

Case : Gayatri Prasad Prajapati vs State Of Uttar Pradesh | WP(Crl) 457/2021 | 21 Feb 2022

Citation: 2022 LiveLaw (SC) 201

Coram: Justices MR Shah and BV Nagarathna

Counsel: Adv Hemlata Rawat for petitioner

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