High Court cannot grant blanket protection from arrest while refusing to quash FIR

Supreme Court Overturns High Court's Blanket Protection from Arrest in FIR Quashing Case High Court's orders granting blanket protection deemed impermissible; case remitted for fresh consideration.

In a significant ruling, the Supreme Court of India has set aside orders passed by the Allahabad High Court which granted blanket protection from arrest to accused persons in criminal writ petitions seeking quashing of an FIR. The Supreme Court found the High Court's orders impermissible and prejudicial to the ongoing investigation. The case, Sanjay Kumar Gupta v. State of U.P., was brought before the Supreme Court by the complainant challenging the High Court's decision. 

The High Court, in its orders dated June 16 and July 15, 2025, had refused to quash the FIR against the accused but granted them protection from arrest until the filing of the charge sheet. The Supreme Court, in its judgment delivered by Justices Vikram Nath and Sandeep Mehta, held that such blanket protection without quashing the FIR was contrary to legal principles. The Court emphasized that pre-arrest bail provisions should be utilized through proper legal channels, such as approaching a competent Sessions Court.

The Supreme Court reiterated that the High Courts have wide powers under Article 226 of the Constitution but these should be exercised sparingly and only in cases of gross miscarriage of justice. The Court referenced previous judgments, including Neeharika Infrastructure (P) Ltd. v. State of Maharashtra and Hema Mishra v. State of U.P., to underline that blanket orders of "no coercive steps" are impermissible if the FIR is not quashed.

Consequently, the Supreme Court remitted the matter back to the Allahabad High Court for fresh consideration of the quashing petitions on their merits. The High Court has been directed to expedite the hearing and reach a decision within four months from January 7, 2026. The interim protection granted to the accused will remain in force until the High Court decides on the petitions.

Bottom Line:

High Court cannot grant blanket protection from arrest to accused persons in criminal writ petitions seeking quashing of FIR, while refusing to exercise jurisdiction to quash the proceedings. Such an order is impermissible and prejudices the investigation.

Statutory provisions: Criminal Procedure Code, 1973 - Section 482, Bharatiya Nyaya Sanhita, 2023 - Sections 316(2), 318(4), 338, 336(3), 340(2), 61(2), 351(2), 3(5), Constitution of India - Article 226

Sanjay Kumar Gupta v. State of U.P., (SC) : Law Finder Doc Id # 2817733