2024 Supreme(SC) 792
VIKRAM NATH, PRASANNA BHALACHANDRA VARALE
Rabina Ghale – Appellant
Versus
Union of India – Respondent
Advocates appeared:
For the Petitioner(s): Mr. Huzefa Ahmadi, Sr. Adv. Ms. Astha Sharma, AOR Mr. Nipun Saxena, Adv. Mr. Sanjeev Kaushik, Adv. Ms. Mantika Haryani, Adv. Mr. Simranjeet Singh Rekhi, Adv. Ms. Rashmi Singh, Adv. Ms. Muskan Surana, Adv. Ms. Mehreen Garg, Adv. Ms. Aadya Pandey, Adv. Mr. Ajit Sharma, AOR
For the Respondent(s): Mr. K.N. Balgopal, Adv.Gen., Nagaland/Sr. Adv. Mr. Visto Rio, Adv. Mr. C. K. Sasi, AOR Ms. Meena K Poulose, Adv. Ms. Vanshaja Shukla, AOR Ms. Ankeeta Appanna, Adv. Mr. Mukesh Kumar Maroria, AOR
JUDGMENT
VIKRAM NATH, J.
1. The Writ Petition (Criminal) No. 265 of 2022 and Writ Petition (Criminal) No. 250 of 2022 have been filed with the following prayers:
“(i) Issue a writ of certiorari or any other appropriate writ quashing the Suo moto FIR bearing State Crime Police Station (SCPS) Case No. 07/2021 registered by Respondent No.2, Complaint dated 07.12.2021 by the Respondent No.3, the Findings and recommendations of the SIT constituted by the Respondent No.2 dated 24.03.2022 seeking sanction to prosecute the husbands of the Petitioners along with 28 other Team members u/s 302, 307, 326, 201, 34 IPC r/w 120-B IPC and for initiating disciplinary action against the entire team as per the provisions of the Army Act and Rules, and all other ancillary proceedings emanating out of the said FIR and/or in furtherance of the incident dated 04.12.2021, being against the mandate of law and being solely targeted at attacking soldiers in exercise of their bona fide duties of upholding the dignity of Indian Flag;(ii) Issue a writ of mandamus or any other appropriate writ directing the Respondents to desist from engaging in such arbitrary exercises of executive power which impairs the normal
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