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SUPREME COURT OF INDIA
M.R. Shah, Aniruddha Bose, JJ.
Chioma Monica Austin Ogueri – Appellant
Versus
Union of India & Ors. – Respondents
Writ Petition(s)(Civil) No(s). 386 of 2022
Decided On : 06-06-2022
Writ Petition - Article 32 of the Constitution of India - The court dismissed the Writ Petition and advised the petitioner to seek recourse before the appropriate Court/Forum, possibly the concerned High Court.
Fact of the Case:
The Writ Petition seeking relief under Article 32 of the Constitution of India was not entertained by the court.
Finding of the Court:
The court dismissed the Writ Petition and advised the petitioner to seek recourse before the appropriate Court/Forum, possibly the concerned High Court.
Issues:
Ratio Decidendi: The court found that the relief sought in the Writ Petition could not be granted under Article 32 of the Constitution of India.
Final Decision: The Writ Petition stands dismissed.
ORDER
1. For the relief(s) sought in the present Writ Petition, under Article 32 of the Constitution of India, the present Writ Petition is not entertained.
2. However, it will be open for the petitioner to take recourse to law before appropriate Court/Forum, may be before the concerned High Court.
3. With this, the Writ Petition stands dismissed.
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.
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....
A writ petition under Article 226 becomes infructuous when the relief sought is no longer relevant or necessary.
The court has the discretion to grant permission for the withdrawal of a writ petition with liberty to approach the High Court.
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.
Withdrawal of writ petitions is permissible under Article 226 of the Constitution of India.
Withdrawal of writ petition is permissible when maintainability is questioned based on precedent.
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