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2024 Supreme(Online)(SC) 11072

SUPREME COURT OF INDIA
HON'BLE MR. JUSTICE C.T. RAVIKUMAR, HON'BLE MR. JUSTICE SANJAY KAROL
LALU YADAV – Appellant
Versus
THE STATE OF UTTAR PRADESH – Respondent


J U D G M E N T

C.T. RAVIKUMAR, J.

Leave granted.

1. The captioned Appeal is directed against the order dated 26.07.2018 of the High Court of Judicature at Allahabad in Criminal Miscellaneous Writ Petition No. 16825 of 2018. The said Writ Petition was filed under Article 226 of the Constitution of India seeking quashment of FIR dated 21.02.2018 bearing Case Crime No. 28 of 2018 registered under Sections 376 and 313 of the Indian Penal Code, 1860 (for short the ‘IPC’) at Police Signature Not Verified Station Nandganj in Ghazipur District of the State of Uttar Digitally signed by Dr.

Naveen Rawal Date: 2024.10.16

17:02:11 IST Reason:

Pradesh. In view of the fact that quashment of FIR was sought under Article 226 of the Constitution of India, it is relevant to refer to a decision of this Court in Pepsi Foods Ltd. v. Special Judicial Magistrate . It was held therein that the High Court could exercise its power of judicial review in Criminal matters and it could exercise the power either under Article 226 of the Constitution of India or under Section 482 of the Code of Criminal Procedure, 1973 (for brevity ‘Cr.P.C’), to prevent the abuse of process of the court or otherwise to secure the ends

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