Jurisdiction for Quashing FIRs and Charge-sheets

Source: Supreme Court 

Why in News? 

The bench of Justices Dipankar Datta and Prashant Kumar Mishra in the case of Pradnya Pranjal Kulkarni v. State of Maharashtra & Anr. (2025) set aside the Bombay High Court's order and clarified the jurisdictional framework for quashing FIRs, charge-sheets, and cognizance orders under different legal provisions.

What was the Background of Pradnya Pranjal Kulkarni v. State of Maharashtra & Anr. (2025) Case? 

• The petitioner filed a writ petition before the Bombay High Court under Article 226 of the Constitution of India, 1950 (COI) and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking quashing of an FIR registered under Sections 420, 406, and 409 read with Section 34 of the Indian Penal Code. 
• The FIR was registered at M.I.D.C. Police Station, Solapur, on September 12, 2024, bearing C.R. No.648 of 2024. 
• During the pendency of the writ petition, police completed investigation and filed a charge-sheet before the trial court on May 14, 2025. 
• The Bombay High Court dismissed the writ petition on July 1, 2025, holding it had become infructuous after the filing of the charge-sheet, relying on the Supreme Court's decision in Neeta Singh v. State of Uttar Pradesh (2024). 
• The High Court reserved the remedy of filing a discharge application before the trial court in favor of the petitioner. 
• The petitioner approached the Supreme Court through a Special Leave Petition challenging the Bombay High Court's order. 

What were the Court's Observations? 

Key Observations: 

• The Supreme Court noted a "distinct factual dissimilarity" between the present case and Neeta Singh, emphasizing that the Division Bench of the Bombay High Court "misread Neeta Singh (supra), inadvertently omitted to notice the factual dissimilarity as indicated above and consequently, misapplied the ratio of such decision." 
• The Court observed that in Neeta Singh, the writ petition was filed only under Article 226 of the Constitution, and cognizance had already been taken by the criminal court, making the petition infructuous. 
• However, in the present case, the petition invoked both Article 226 and Section 528 BNSS, and it was unclear whether cognizance had been taken by the magistrate. 
• The Court emphasized that "since its jurisdiction under Section 528 of the BNSS was also invoked and the relief claimed could have been suitably moulded subject, of course, to the requisite satisfaction of the court that an order of quashing is warranted on facts and in the circumstances." 
• The Court held that the Bombay High Court's approach resulted in "a failure of justice." 

Key Legal Principles: 

Pre-Cognizance Stage: 

• FIRs and charge-sheets can be quashed under Article 226 of the Constitution before cognizance is taken by the magistrate. 
• The High Court has clear jurisdiction to examine such petitions at this stage. 

Post-Cognizance Stage: 

• Once cognizance is taken, Article 226 jurisdiction becomes unavailable for challenging judicial orders. 
• However, Section 528 of the BNSS (equivalent to Section 482 of the old CrPC) remains available. 
• Under Section 528 BNSS, courts can quash not only the FIR/charge-sheet but also the cognizance order itself. 
• This requires proper pleadings and a strong case for quashing. 

Jurisdictional Framework: 

• Courts must examine which jurisdictions have been invoked in the petition before dismissing it as infructuous. 
• Section 528 BNSS provides broader remedial powers than Article 226 alone. 
• Proper pleadings are essential to challenge cognizance orders effectively. 

Court's Direction: 

• The Supreme Court set aside the Bombay High Court's order and remanded the matter for fresh consideration. 
• The writ petition was ordered to be revived for being considered afresh by the roster bench of the Bombay High Court in accordance with law. 
• The special leave petition was disposed of at the admission stage without notice to the respondents. 
• Connected applications were closed. 

What is Article 226 of the COI? 

About: 

• Article 226 is located in Part V of the Constitution and grants High Courts the power to issue writs. 

Key Provisions: 

Article 226(1): Every High Court can issue writs and orders (habeas corpus, mandamus, prohibition, quo warranto, certiorari) to any person or government for enforcing fundamental rights and other purposes. 

Article 226(2): High Courts can issue writs to persons/authorities: 

• Within their territorial jurisdiction, OR 
• Outside their jurisdiction if the cause of action arises wholly or partly within their territory. 

Article 226(3): When a High Court passes interim orders (injunction, stay, etc.), the affected party can apply for vacation of such order, which must be disposed of within two weeks. 

Article 226(4): This power does not diminish the Supreme Court's authority under Article 32(2). 

Key Characteristics: 

• Can be issued against any person, authority, or government. 
• It's a constitutional right (not fundamental right). 
• Cannot be suspended even during emergency. 
• Mandatory for fundamental rights enforcement. 
• Discretionary for other purposes. 
• Enforces both fundamental rights and other legal rights. 

In essence: Article 226 empowers High Courts as guardians of constitutional rights with broad writ jurisdiction, complementing the Supreme Court's role under Article 32. 

What is Section 528 of BNSS? 

About: 

• Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 preserves the inherent powers of High Courts. 

Key Provisions: 

The BNSS does not limit or affect the High Court's inherent powers to: 

• Make necessary orders to give effect to any order under the BNSS. 
• Prevent abuse of process of any court. 
• Secure the ends of justice in other circumstances. 

Essential Features: 

• Saving clause - protects existing High Court powers. 
• Inherent jurisdiction remains intact despite new criminal procedure code. 
• Broad remedial powers for justice delivery. 
• Anti-abuse mechanism to prevent misuse of court processes. 
• Flexible application - covers situations not specifically provided for in the BNSS.