Article 32 of the Constitution guarantees a fundamental right itself, under which a person can directly approach the Supreme Court for enforcement of his fundamental rights, without first approaching other courts.
However, in practice, nowadays, the Supreme Court generally does not entertain such individual matters under Article 32 of the Constitution directly, even if fundamental right of a person has been violated. The Supreme Court will advise the person to first approach the high court under Article 226 or other appropriate court or tribunal under relevant legal provisions, before directly approaching it under Article 32. It is only in very rare cases that the Supreme Court would entertain a writ petition under Article 32 (generally, in public interest litigation or some other important cases).
In view of this, if you want to file a petition to get the FIR quashed (if you have valid grounds for the same), you may file a petition under Section 482 of the Criminal Procedure Code before the high court concerned.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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