Can FIR & Consequential Investigation Be Quashed U/S 528 BNSS?Allahabad High Court Refers Big Question to 9-Judge Bench

Allahabad High Court Refers Big Question to 9-Judge Bench

Imagine being falsely accused of a crime and dragged into a long, stressful investigation — all based on an FIR that you believe is baseless. Can you go to the High Court and ask for it to be cancelled? Under the old law (CrPC), many people did — using Section 482. But now, with India’s new criminal law code — the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — this question is up in the air.

The Allahabad High Court has taken a bold step: it has referred this crucial issue to a 9-Judge Bench, asking:

“Can an FIR and all investigations that follow be quashed under Section 528 of BNSS?”

This isn't just legal theory. It affects real people’s lives. Let’s understand what’s going on.

⚖️ First, What is Section 528 of BNSS?

The BNSS (2023) is India’s newly enacted criminal procedure law, which replaces the old Code of Criminal Procedure (CrPC), 1973.

Section 528 BNSS:

This section gives High Courts “inherent powers” — similar to what Section 482 of CrPC did earlier. It says High Courts can act:

• To prevent abuse of the legal process
• To secure the ends of justice

But here's the debate:
Under Section 482 of CrPC, courts routinely quashed FIRs and investigations in cases of:

• Personal enmity,
• Malicious complaints,
• Cases where even if everything in the FIR was true, no offence was made out.

Will courts be allowed to do the same under Section 528 BNSS? That’s now the million-rupee question.

 What Prompted the Allahabad High Court to Refer the Issue?

In a recent case, a petitioner asked the Allahabad High Court to quash an FIR and investigation under Section 528 BNSS.

Some previous benches of the court had interpreted Section 528 strictly, saying it doesn’t clearly permit quashing FIRs. Others said: “Yes it does — it’s the same power as the old Section 482.”

To clear the confusion, the court said:

“This is too important to be decided casually. Let’s refer it to a 9-Judge Bench.”

This is significant. A 9-judge bench is rare — it means the court recognizes the constitutional importance of the issue.

 Why Does This Matter?

Here’s how this affects ordinary people:

If quashing is allowed under Section 528:

• Innocent people can approach High Courts and get relief early.
• The court can stop wrongful investigations that waste time and resources.

 If quashing is not allowed:

• People falsely accused might have to go through the entire trial process.
• It could lead to misuse of legal procedures and harassment.

This decision could set a national precedent. Whatever the Allahabad High Court decides will likely influence all other High Courts.

 What Did Section 482 of CrPC Allow?

Here’s some background from landmark cases under CrPC's Section 482:

✅ Bhajan Lal Case (1992)

The Supreme Court laid down conditions when an FIR can be quashed. This case became the backbone of FIR quashing jurisprudence.

✅ T.T. Antony v. State of Kerala (2001)

Held that multiple FIRs on the same incident cannot be allowed — reinforcing judicial checks on misuse of FIRs.

✅ Zandu Pharmaceuticals v. Mohd. Sharaful Haque (2005)

Reinforced that the judiciary must step in when criminal proceedings are used to settle personal scores.

All these rulings protected people from false criminal cases — using Section 482 as a tool of justice.

The Central Debate: What Powers Should Courts Have?

At the heart of this issue is a larger legal principle:

Should courts only follow what’s written in black and white, or should they also look at what’s fair and just?

Supporters of Section 528’s broad interpretation say:

• The “inherent powers” phrase should be read as it was under CrPC.
• Justice must be flexible.

Opponents argue:

• BNSS is a new law — maybe Parliament wanted a different approach.
• Let the investigation continue; interference should be rare.

 Conclusion: A Big Decision on the Horizon

This is not just a case — it’s a turning point for how criminal cases will be handled under BNSS.

If the 9-Judge Bench rules that FIRs can be quashed under Section 528, it will restore an important judicial safeguard for the innocent.

If not, accused persons might have fewer ways to defend themselves early in the process.

Either way, the court’s decision will shape the future of criminal justice in India.

• Section 528 BNSS
• FIR Quashing BNSS
• BNSS vs CrPC
• Inherent Powers of High Court
• Allahabad HC Judgment
• Criminal Law Reforms India
• BNSS 2023 Updates
• FIR and Investigation Law India