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SUPREME COURT OF INDIA
M.R. Shah, B.V. Nagarathna, JJ.
Gayatri Prasad Prajapati – Appellant
Versus
State of Uttar Pradesh & Ors. – Respondents
Writ Petition(s)(Criminal) No(s). 457 of 2021
Decided On : 21-02-2022
Writ Petition - Article 32 of the Constitution of India - The court dismissed the Writ Petition seeking to quash and set aside criminal proceedings/FIR, stating that such relief 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 India.
Fact of the Case:
The petitioner sought permission to withdraw the Writ Petition, stating that it has become infructuous. The court opined that such Writ Petition for relief(s) prayed to quash and set aside the criminal proceedings/FIR ought not to have been filed under Article 32 of the Constitution of India.
Finding of the Court:
The court dismissed the Writ Petition as withdrawn, stating that the relief sought should be considered by the High Court under Section 482 Cr.P.C. and not by the Supreme Court under Article 32 of the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 India.
Issues: The main issue was whether the Writ Petition seeking to quash and set aside criminal proceedings/FIR should be entertained under Article 32 of the Constitution of India.
Ratio Decidendi: The court held that such relief 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 India.
Final Decision: The Writ Petition was dismissed as withdrawn.
ORDER
1. Ms. Hemlata Rawat, learned counsel appearing for the petitioner seeks permission to withdraw the present Writ Petition by submitting that by the passage of time it has become infructuous. Even otherwise, we are of the opinion that such type of Writ Petition, under Article 32 of the Constitution of India, for the relief(s) prayed to quash and set aside the criminal proceedings/FIR ought not to have been filed. It is not expected that the relief which can be considered by the High Court under Section 482 Cr.P.C. to be considered by this Court in exercise of powers under Article 32 of the Constitution of India.
2. Be that as it may as the learned counsel seeks permission to withdraw the Writ Petition, we dismiss this Writ Petition as withdrawn.
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....
A petitioner may withdraw a writ petition and be granted liberty to file a fresh petition under Article 227 of the Constitution of India provided the court permits such withdrawal.
The court has the discretion to grant permission for the withdrawal of a writ petition with liberty to approach the High Court.
Petitioner allowed to withdraw writ petition with liberty to file a fresh petition.
A writ petition under Article 226 can be withdrawn if the circumstances surrounding the case change, making the petition moot.
The Court grants leave to the petitioner to withdraw a writ petition upon the request of his counsel, resulting in the dismissal of the petition as withdrawn.
Withdrawal of a criminal petition retains the right to future challenges.
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