Writ petition under article 32 in supreme court
mohanlal
(Querist) 01 May 2014
This query is : Resolved
I have filed an application u/s 482 of Cr.P.C. in a High Court seeking quashing of an FIR and the same was rejected.
Then I filed a Special Leave Petition (SLP) in Supreme Court challenging the said impugned rejection Order along with the said FIR. The SLP was dismissed with ORDER : the SLP is dismissed.
Queries:-
1. After dismissal of the said SLP, whether a Writ petition under article 32 of the Constitution of India seeking Quashing of the said FIR is maintainable (If as per case law of the Supreme Court, the said FIR is violative of the article 21 of the Constitution)?
2. Any other remedy available?
My contention:
“Simply because the Hon’ble Supreme Court refused to exercise the discretionary jurisdiction does not preclude the aggrieved party to seek the enforcement of fundamental rights guaranteed under constitution of India, because the enforcement of fundamental rights under article 32 of the Constitution is also a fundamental right."
Kindly correct me if I am wrong anywhere.
Devajyoti Barman
(Expert) 01 May 2014
1. No
2. Review of same dismissal order.
This comment does not apply in your case. Judicial order can not be challenged under writ jurisdiction of Article 32.
R.K Nanda
(Expert) 01 May 2014
1. not possible.
2. go for review of SLP dismissal.
Nadeem Qureshi
(Expert) 01 May 2014
if FIR is against fundamental rights then you can file writ petition under article32 of constitution of india.
you can not file writ petition under article 32 against court order
R.K Nanda
(Expert) 01 May 2014
contact senior supreme court lawyer.
Sankaranarayanan
(Expert) 01 May 2014
You can not file WP under art 32 better to approach senior supreme court lawyer as suggested by sri Nanda ji
Rajendra K Goyal
(Expert) 02 May 2014
Agree with the experts.
alternately defend in the case on merits.
T. Kalaiselvan, Advocate
(Expert) 05 May 2014
I agree with the opinions of expert Mr. Barman on the subject issue, nothing more to add.
