Allahabad High Court's Landmark Referral: Quashing FIR and Judicial Discipline

The Allahabad High Court has decided to refer a legal question to a nine-judge bench, concerning its authority to quash First Information Reports (FIRs) under the current legal framework of the Bharatiya Nagrik Suraksha Sanhita (BNSS), formerly Section 482 of the Criminal Procedure Code (CrPC).

This decision follows a previous ruling by a seven-judge bench in the case of Ramlal Yadav and others vs State of UP, which deemed a plea to quash an FIR under Section 482 CrPC as non-maintainable. Instead, it suggested pursuing a plea under Article 226 of the Constitution. However, recent Supreme Court decisions, such as State of Haryana vs Bhajan Lal and Neeharika Infrastructure vs State of Maharashtra, have prompted a reevaluation.

Justice Arun Kumar Singh Deshwal highlighted the need to adhere to the doctrine of stare decisis while acknowledging the obsolescence of the previous ruling. The referral aims to resolve discrepancies in legal interpretations and underscores judicial discipline to maintain consistency in legal principles.

(With inputs from agencies.)