Court Upholds Inherent Powers under Section 528 BNSS to Prevent Misuse of Judicial Process
In a significant judgment, the Allahabad High Court, presided by Justice Sanjiv Kumar, dismissed the application filed by Mohd. Zeeshan Siddiqui and others seeking to quash an FIR and subsequent criminal proceedings against them. The application was made under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which corresponds to the inherent powers of the High Court akin to Section 482 of the Criminal Procedure Code, 1973.
The FIR was lodged by the complainant, Prem Kumar Joel, alleging that Siddiqui, who was his driver, along with others, forcibly entered his house, misbehaved with him, and assaulted his daughter-in-law, thereby outraging her modesty. The Court noted that the FIR's allegations, if taken at face value, prima facie disclosed the commission of a cognizable offence.
The petitioners argued that the criminal proceedings were a counterblast to a civil dispute involving a builder's agreement between the parties and that the charges were based on false and concocted facts. However, the Court emphasized that the inherent powers under Section 528 BNSS should be exercised sparingly and only in rare cases to prevent the abuse of the court's process or to secure the ends of justice.
The judgment also referenced landmark rulings by the Supreme Court in cases such as Madhu Limaye v. State of Maharashtra and State of Haryana v. Ch. Bhajan Lal, reiterating the principles guiding the exercise of inherent jurisdiction. The Court concluded that the ongoing civil suit did not preclude the continuation of criminal proceedings, and any contradictions in witness statements were matters for the trial court to evaluate.
Ultimately, the Court found no merit in the application, asserting that the allegations warranted a trial and that it was not within the Court's purview to evaluate evidence or resolve disputed facts at this stage.
Bottom Line:
Section 528 BNSS, 2023 - Inherent powers of High Court - Exercise of powers under Section 528 BNSS should be sparing, cautious, and only in rarest cases - Cannot be used to evaluate evidence or resolve disputed facts which are within the domain of the trial court.
Statutory provision(s): Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 Criminal Procedure Code, 1973.
Mohd. Zeeshan Siddiqui v. State of U.P., (Allahabad) : Law Finder Doc id # 2867233
