Allahabad High Court Dismisses FIR Quashing Petition, Upholds Legal Protocols

Court Rules Against Quashing FIR Without Chargesheet and Cognizance Order, Citing Supreme Court Precedent

In a significant ruling, the Allahabad High Court has dismissed the application filed by Vishwa Bandhu seeking the quashing of an FIR registered against him and two others under various sections of the Indian Penal Code. The application was made under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which corresponds to the erstwhile Section 482 of the Criminal Procedure Code.

The court, presided over by Justice Jitendra Kumar Sinha, underscored the necessity of adhering to procedural requirements as laid down by the Supreme Court in the case of Pradnya Pranjal Kulkarni v. State of Maharashtra. The Supreme Court judgment mandates that for an FIR to be quashed under Section 528, both the chargesheet and the cognizance order must be placed on record. In this case, the applicant failed to meet these requirements, leading to the dismissal of the application on grounds of non-maintainability.

The FIR in question, filed on June 14, 2024, alleges offences under Sections 420, 467, 468, and 471 of the IPC, involving forgery and fraud related to property transactions. The applicant argued that the FIR was an abuse of the legal process, citing a previous FIR on similar facts which had already led to a chargesheet and cognizance by the magistrate. The applicant's counsel contended that the second FIR was barred by law, referring to the landmark judgment in T.T. Antony v. State of UP.

The court, however, emphasized that without the chargesheet and cognizance order on record, it could not exercise its jurisdiction to quash the FIR under the BNSS. The judgment also highlighted the importance of distinguishing between civil disputes and criminal offences, cautioning against the misuse of criminal proceedings to settle civil matters.

In its decision, the court reiterated the principle that judicial powers must be exercised sparingly and with caution, ensuring that the process of law is not abused. It stressed that the inherent powers of the High Court under Section 528 are to be invoked only to prevent the abuse of the court’s process or to secure the ends of justice, particularly after a chargesheet is filed and cognizance is taken.

This ruling reinforces the procedural rigour required in criminal proceedings and serves as a reminder of the judiciary's role in preventing the misuse of legal processes. The dismissal of the application underscores the court's adherence to legal protocols and its commitment to upholding the rule of law.

Bottom Line:

High Court cannot quash an FIR under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 482 of CrPC) if the chargesheet and cognizance order have not been placed on record, as clarified in the judgment of Hon'ble Supreme Court in Pradnya Pranjal Kulkarni v. State of Maharashtra.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Indian Penal Code Sections 420, 467, 468, 471

Vishwa Bandhu v. State of U.P., (Allahabad) : Law Finder Doc Id # 2817575