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Supreme Court of India 2020-02-13 dismissed

Padma Mishra vs State of Uttarakhand & Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Padma Mishra challenged an FIR lodged against her containing allegations of offences under the Indian Penal Code and the Uttar Pradesh Gangsters Act. She also had several other pending cases. She sought quashing of the FIR through a writ petition under Article 226. The High Court dismissed her petition. On appeal, the Supreme Court held that writ courts do not adjudicate the correctness of FIR allegations, but only intervene in exceptional cases where allegations disclose no offence. Since this FIR disclosed penalizable offences under the relevant statutes, the High Court was correct in refusing quashing. The appeal was dismissed.

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Criminal Procedure FIR Writ Jurisdiction IPC Gangsters Act

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