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SUPREME COURT OF INDIA
D.Y. Chandrachud, A.S. Bopanna, JJ.
Sanjana Pathak & Ors. – Appellants
Versus
The State of Maharashtra & Ors. – Respondents
Writ Petition(s)(Civil) No(s). 595 of 2022
Decided On : 08-08-2022
Article 32 - Efficacious Remedy - The court declined to entertain the proceedings under Article 32, stating that the petitioners have a remedy available under Article 226 of the Constitution.
Fact of the Case:
The petitioners have a remedy available under Article 226 of the Constitution, so the court declined to entertain the proceedings under Article 32.
Finding of the Court:
The court dismissed the petition and allowed the petitioners to pursue their remedies in accordance with law.
Issues: Availability of remedy under Article 226 of the Constitution and the court's jurisdiction under Article 32.
Ratio Decidendi: The court's decision was influenced by the availability of an efficacious remedy under Article 226 of the Constitution, leading to the dismissal of the petition.
Final Decision: The petition was dismissed, and the petitioners were allowed to pursue their remedies under Article 226 of the Constitution.
ORDER
1. Since the petitioners have an efficacious remedy before the High Court under Article 226 of the Constitution, we are not inclined to entertain these proceedings under Article 32. The petitioners would be at liberty to pursue their remedies in accordance with law.
2. Subject to the aforesaid, the petition is dismissed.
3. Pending application, if any, stands disposed of.
Availability of an efficacious remedy under Article 226 of the Constitution as a factor in determining the court's jurisdiction under Article 32.
Article 32 of the Constitution of India provides the basis for seeking the quashing of the FIR in this case.
The court has the discretion to grant permission for the withdrawal of a writ petition with liberty to approach the High Court.
The judgment established that the availability of remedy under Section 115 of the CPC does not automatically render a writ petition under Article 227 of the Constitution of India non-maintainable. It....
The fundamental constitutional tenet of equality of religions embodied in Article 25 of the Constitution.
Dismissal of petitions and applications with liberty to approach the High Court, and refusal to entertain a petition under Article 32 of the Constitution based on the issue raised.
The court's discretion to exercise jurisdiction under Article 136(1) is influenced by the thorough consideration and negation of challenges by the lower court.
Petitioner allowed to withdraw writ petition with liberty to file a fresh petition.
Relief sought to quash and set aside criminal proceedings/FIR should be considered by the High Court under Section 482 Cr.P.C. and not by the Supreme Court under Article 32 of the Constitution of Ind....
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