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High Court In Article 226 Proceedings Does Not Adjudicate Correctness Of Allegations In FIR: SC [Read Judgement]

LIVELAW NEWS NETWORK
13 March 2020 11:07 AM GMT
High Court In Article 226 Proceedings Does Not Adjudicate Correctness Of Allegations In FIR: SC [Read Judgement]

"The Court may only intervene in exceptional cases, if the allegations made in the FIR ex facie do not disclose any offence at all."

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The Supreme Court has observed that, writ jurisdiction of the High Court cannot be invoked to adjudicate the correctness of the allegations in an FIR.

The bench of Justice Indira Banerjee and Justice Aniruddha Bose said that the intervention can only be in exceptional cases, if the allegations made in the FIR ex facie do not disclose any offence at all.

The Court was considering the appeal against the order of the High Court of Uttarakhand dismissing a writ petition for quashing of an FIR instituted against the petitioner under Sections 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities(Prevention)Act,1986.

Perusing the FIR, the bench noted that it 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. While dismissing the appeal, the bench said:

"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. In our considered opinion, the High Court rightly refused to quash the FIR under Article 226 of the Constitution of India and dismissed the writ petition." 
Case no.: CRIMINAL APPEAL NO. 20/2010  Case name: PADMA MISHRA Vs. STATE OF UTTARAKHAND 
Coram: Justice Indira Banerjee and Justice Aniruddha Bose


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