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Supreme Court - Daily Orders

Manisha Yadav vs The State Of U.P. on 27 September, 2022

Bench: Chief Justice, S. Ravindra Bhat

                                                           1

     ITEM NO.18                                  COURT NO.1                      SECTION X

                                     S U P R E M E C O U R T O F           I N D I A
                                             RECORD OF PROCEEDINGS

     Writ Petition (Criminal)                     No.387/2022

     MANISHA YADAV & ANR.                                                         Petitioner(s)

                                                          VERSUS

     STATE OF U.P. & ORS.                                                         Respondent(s)

     (FOR ADMISSION and IA No.144661/2022-STAY APPLICATION and IA
     No.144662/2022-INTERIM BAIL and IA No.144660/2022-EXEMPTION FROM
     FILING O.T. )

     Date : 27-09-2022 This petition was called on for hearing today.

     CORAM :
                               HON'BLE THE CHIEF JUSTICE
                               HON'BLE MR. JUSTICE S. RAVINDRA BHAT
                               HON'BLE MR. JUSTICE J.B. PARDIWALA

     For Petitioner(s)                     Mr. Abhijit Bhatnagar, Adv.
                                           Mr. Akash Bhushan, Adv.
                                           Mr. Prem Prakash, AOR
     For Respondent(s)

                                UPON hearing the counsel the Court made the following
                                                   O R D E R

The present petition filed under Article 32 of the Constitution seeks relief of quashing of FIR registered against the petitioners.

It appears that on the earlier occasion, a petition under Article 482 of the Code of Criminal Procedure [“Code” for short] was moved on behalf of the petitioners and upon dismissal of the same, the petitioners were taken in custody. Signature Not Verified

Considering the facts and circumstances on record, the Digitally signed by NEETU KHAJURIA Date: 2022.09.29 appropriate remedy would be to 14:02:59 IST Reason: approach the High Court by filing an application under Section 482 of the Code rather than this petition under Article 32 of the Constitution. 2 We, therefore, refuse to entertain this petition. The instant Writ Petition is accordingly dismissed. However, the petitioners are at liberty to file appropriate proceedings in the High Court as stated above.

Pending applications, if any, shall stand disposed of.

(INDU MARWAH)                                  (MATHEW ABRAHAM)
COURT MASTER (SH)                            COURT MASTER (NSH)