FIR Cannot Be Quashed By Invoking S. 528 BNSS If Chargesheet & Cognizance Not Placed On Record: Allahabad High Court
The Allahabad High Court dismissed an Application filed under Section 528 of BNSS, seeking quashing of an FIR under Sections 420, 467, 468, and 471 of IPC.
Justice Jitendra Kumar Sinha, Allahabad High Court
The Allahabad High Court held that an FIR (First Information Report) cannot be quashed by invoking Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) if the chargesheet and the cognizance has not been placed on record.
The Court was deciding an Application filed under Section 528 of BNSS, seeking quashing of an FIR registered for the offences under Sections 420, 467, 468, and 471 of the Indian Penal Code, 1860 (IPC).
A Single Bench of Justice Jitendra Kumar Sinha observed, “… in view of the judgement of Hon'ble Apex Court in Pradnya Pranjal Kulkarni (supra), since the chargesheet and the cognizance has not been placed on record, FIR cannot be quashed by invoking the provisions of Section 528 BNSS (old section 482 CrPC). Thus, in view of the above, present application is not maintainable.”
Advocate Alok Saxena appeared for the Applicant, while AGA B.P. Singh and Advocate Sunil Kumar Mishra appeared for the Opposite Parties.
Contentions
It was contended by the counsel for the Applicant that the FIR which has been lodged against the accused is an abuse of process of the Court as on similar facts, earlier FIR was lodged in 2022 against four persons. It was further submitted that the chargesheet in the said case has already been filed and the Magistrate has also taken cognizance of the offences described in the chargesheet.
Court’s Observations
The High Court in the above context of the case, said, “… Hon'ble Apex Court in Pradnya Pranjal Kulkarni (supra) has clearly held that for quashing of the FIR, the High Court can exercise jurisdiction under Article 226 of the Constitution of India and if chargesheet has been submitted and cognizance has been taken and the same has been placed along with the FIR on the record, then the same can be quashed by invoking Section 528 BNSS (old section 482 CrPC).”
The Court noted that it is clear that the Applicant has simply sought for quashing the FIR and he has not placed the chargesheet as well as the cognizance taken on the chargesheet by the competent Court.
“The issue whether the FIR can be quashed by the High Court under Section 482 CrPC after submission of the charge-sheet and taking of cognizance was not an issue in the said judgements and Hon’ble Supreme Court has not dealt with the same in the said judgements”, it remarked.
The Court, therefore, concluded that since the Application is not maintainable, the merit of the case cannot be gone into by the Court.
Accordingly, the High Court dismissed the Application.
Cause Title- Vishwa Bandhu v. State of U.P. and 3 Others (Neutral Citation: 2025:AHC:216530)
Appearance:
Applicant: Advocate Alok Saxena
Opposite Parties: AGA B.P. Singh, Advocates Sunil Kumar Mishra, and Ayush Mishra.
