Prayagraj
The Allahabad High Court has referred a significant legal question to a nine-judge Bench concerning the High Court’s authority to quash First Information Reports (FIRs) under Section 528 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), previously Section 482 of the Criminal Procedure Code (CrPC).
A seven-judge Bench had ruled in the 1989 Ramlal Yadav case that petitions under Section 482 CrPC for quashing FIRs were not maintainable, suggesting instead that such challenges be made under Article 226 of the Constitution. However, Justice Arun Kumar Singh Deshwal, presiding over the current case, expressed respectful disagreement with this precedent. Citing the doctrine of stare decisis and judicial discipline, he referred the matter to a larger nine-judge Bench.
The court noted that the earlier ruling appears “obsolete” given more recent Supreme Court decisions, including the landmark Bhajan Lal (1990) and Neeharika Infrastructure (2021) cases, which expanded the High Court’s power to intervene in investigations and quash FIRs when appropriate.
This referral arose from a petition challenging an FIR registered under multiple sections, including those related to harassment and dowry prohibition. The petitioners sought quashing of the FIR under Section 528 BNSS, but the government’s advocate argued the plea was not maintainable under the earlier Ramlal Yadav ruling. Justice Deshwal pointed out that the Supreme Court’s recent judgments affirm the High Court’s inherent power to quash FIRs even at early investigation stages. He emphasized the need for a definitive ruling by a larger Bench to clarify this crucial procedural issue. The case thus opens the door for potential landmark clarification on FIR quashing powers.