PADMA MISHRA versus STATE OF UTTARAKHAND & ANR.

PADMA MISHRA versus STATE OF UTTARAKHAND & ANR.

The FIR contained allegations that the appellant, along with others, engaged in terror, beating, threats, intimidation and coercion and listed pending cases including offences under the IPC; these allegations, read ex facie, disclosed offences punishable under the Gangsters Act, and therefore the High Court correctly refused to quash the FIR in proceedings under Article 226, which does not permit adjudication of the correctness of FIR allegations except in exceptional cases where no offence is disclosed.

Parties
Appellant: Padma Mishra; Respondent: State of Uttarakhand & Anr.
Jurisdiction
India
Judgment Date
13 February 2020
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Dismissing Writ Petition Under Article 226
Outcome
Appeal dismissed
Legal Topics
Quashing of FIR, Uttar Pradesh Gangsters and Anti Social Activities (prevention) Act, 1986, Article 226
Constitutional Law Criminal Law Quashing of FIR Uttar Pradesh Gangsters and Anti Social Activities (prevention) Act, 1986 Article 226

Case Brief

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Parties

Padma Mishra

Appellant

State of Uttarakhand & Anr.

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Dismissing Writ Petition Under Article 226

Legal Issues

  1. 1 Whether an FIR under ss.2/3 of the Gangsters Act can be quashed in proceedings under Article 226 of the Constitution
  2. 2 Whether the allegations in the FIR, read ex facie, disclose offences punishable under the Gangsters Act
  3. 3 Scope of High Court's power under Article 226 to examine allegations in an FIR

Ratio Decidendi

The FIR contained allegations that the appellant, along with others, engaged in terror, beating, threats, intimidation and coercion and listed pending cases including offences under the IPC; these allegations, read ex facie, disclosed offences punishable under the Gangsters Act, and therefore the High Court correctly refused to quash the FIR in proceedings under Article 226, which does not permit adjudication of the correctness of FIR allegations except in exceptional cases where no offence is disclosed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • High Court order refusing to quash FIR under Article 226 is upheld