Courts do not adjudicate the correctness of the allegations in a FIR. They only do so if the allegations made in the FIR do not disclose any offence at all.


 [Case Brief] PADMA MISHRA V/S STATE OF UTTARAKHAND & ANR.


Case name:  Padma Mishra V/s State of Uttarakhand & ANR.

Case number: Criminal Appeal No. 20/2020

Court: Supreme Court of India

Bench: Justice Indira Banerjee

Decided on: Feb 13, 2020.

Relevant Act/Sections: Section 2 and 3 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986; Article 226 of Constitution of India; Section 323,504,506,307 of Indian Penal Code.


 

BRIEF FACTS AND PROCEDURAL HISTORY:

1. An FIR was instituted against petitioner being FIR no. 179/2009 under section 2 and 3 of the Uttar Pradesh Gangsters and Anti-Social Activities(Prevention) Act, ‘hereinafter referred’ to as “Gangsters  Act”. The FIR, in substance, contains the allegation that the appellant and others are taking recourse to public threats and coercion including physical violence to gang the voices of witnesses in cases against them.

2. The petitioner filed a writ petition no. 427/2009 under Article 226 of Constitution of India in the High Court of Uttarakhand at Nainital.

3. The high court passed order dated 09-06-2009 and dismissed the said writ petition.

4. Thereafter appeal was filed in the Supreme Court of India against the High court order.

 

ISSUE BEFORE THE COURT:

1. Whether the High Court was correct is dismissing the writ petition filed under article 226 of constitution of India?

 

RATIO OF THE COURT:

1. In proceedings under Article 226 of the Constitution of India, the High Court does not adjudicate the correctness of the allegations in an FIR. The Court may only intervene in exceptional cases, if the allegations made in the FIR ex facie do not disclose any offence at all.

 

DECISION HELD BY COURT:

1. The Supreme Court upheld the rejection of the high court to quash the FIR under Article 226 of the Constitution of India and dismissal of the writ petition. The appeal is therefore dismissed.


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