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Supreme Court of India 2020-02-13 dismissed

PADMA MISHRA vs STATE OF UTTARAKHAND

Bench: 2 — Indira Banerjee, Aniruddha Bose

In Brief

In this criminal appeal, the Court affirmed the High Court's order rejecting a plea to quash an FIR lodged under the Gangsters Act, 1986. The appellant was accused of creating terror, beating, and intimidating witnesses through violence and coercion in connection with pending criminal cases. The Court held that in writ proceedings under Article 226, the High Court does not evaluate the factual accuracy of FIR allegations but may intervene only when allegations clearly disclose no offence. Since the FIR here contained allegations of violence and intimidation to suppress witness testimony, it prima facie disclosed offences under the Act. The appeal was dismissed.

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Criminal Law Anti-Gangster Legislation Writ Jurisdiction Constitutional Law FIR

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