High Courts can exercise power to quash FIRs also under Article 226 - Supreme Court

High Courts can exercise power to quash FIRs also under Article 226 - Supreme Court

  • Case Name: Kim Wansoo v. State of Uttar Pradesh & Ors.
  • Judge(s): Mr. CT Ravikumar, Mr. Sanjay Kumar

The Supreme Court has clarified that High Courts possess the authority to quash criminal proceedings not only under their inherent powers under Section 482 of the CrPC but also through their extraordinary powers under Article 226 of the Constitution of India. 

The Court quashed an FIR against a foreign national, a project manager, stating that the FIR failed to adequately disclose the commission of any offense as alleged against the appellant. 

The Court relied on landmark judgments like State of Haryana v. Bhajan Lal and Pepsi Foods Ltd. v. Special Judicial Magistrate, emphasizing that High Courts can utilize either Article 226 or Section 482 to prevent the abuse of legal processes and secure the ends of justice.

5 months ago

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