Allahabad High Court Seeks Clarity: Nine-Judge Bench to Decide FIR Quashing Power

The Allahabad High Court has called for a nine-judge bench to address key legal questions concerning its authority to quash an FIR under Section 482 of the Criminal Procedure Code (CrPC), now Section 528 of Bharatiya Nagrik Suraksha Sanhita. This move comes after judicial differences emerged over a past interpretation of this power.

In 1989, a seven-judge bench ruled against using Section 482 for such purposes, favoring Article 226 of the Constitution instead. However, the current situation reflects a shift, as recent Supreme Court decisions suggest a broader scope of interference by high courts. Justice Arun Kumar Singh Deshwal expressed the need to reassess the old verdict, considering new developments.

The court noted that Supreme Court rulings in cases like State of Haryana vs Bhajan Lal and Neeharika Infrastructure have transformed the landscape of judicial intervention during investigations. It emphasized the importance of re-evaluating the applicability of the 1989 decision to ensure legal consistency and uphold the doctrine of stare decisis.

(With inputs from agencies.)