Supreme Court dismisses petition seeking quashing of FIRs against persons using crackers in Diwali
Feb 18, 2022
New Delhi [India], February 18 : The Supreme Court on Friday dismissed a petition seeking quashing of FIRs against persons alleged to have been selling, purchasing or bursting "green crackers".
A Bench comprising Justices MR Shah and BV Nagarathna said that the public interest litigation for quashing of FIRs is not maintainable and dismissed the same.
The Court said that if the accused persons are aggrieved, then they should approach the appropriate High Court under section 482 CRPC for quashing of the FIRs and a Writ Petition under Article 32 is not maintainable for the said purpose.
The Court was hearing a petition moved under Article 32 for quashing of FIRs against persons alleged to have been selling/purchasing/bursting "green crackers". The Petitioner submitted that as per orders passed by the Supreme Court in Arjun Gopal versus Union of India, there is no blanket ban on the sale/purchase/use of crackers and that "green crackers" are allowed.
The court opined that if the alleged violators or accused persons had been using green crackers or not, is a subject matter of trial.
