The Supreme Court in [Gayatri Prasad Prajapati v. State of Uttar Pradesh and Others].
observed that moving a writ petition under Article 32 of the Constitution of India 1950 is not an appropriate remedy for quashing of a First Information Report (FIR) or other criminal proceedings .A Division Bench of Justices MR Shah and BV Nagarathna observed that such a relief which can be considered by High Court Section 482 of the Code of Criminal Procedure (CrPC) cannot be considered by top court in an Article 32 petition.
"It is not expected that the relief which can be considered by the High Court under Section 482 Criminal Procedure Code 1973 to be considered by this Court in exercise of powers under Article 32 of the Constitution of India," the Court said.The Court, therefore, declined to entertain a plea by former Uttar Pradesh minister Gayatri Prasad Prajapati.Whether the allegations contained in the FIR do or do not make out any offence as alleged will not be decided in pursuance of the jurisdiction of this Court under Article 32, to quash the FIR. The petitioner must be relegated to the pursuit of the remedies available under the CrPC, which we hereby do. The petitioner has an equally efficacious remedy available before the High Court. We should not be construed as holding that a petition under Article 32 is not maintainable. But when the High Court has the power under Section 482, there is no reason to by-pass the procedure under the CrPC, we see no exceptional grounds or reasons to entertain this petition under Article 32."
