Topic
Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) governs the power of High Courts to quash criminal proceedings when they are manifestly abusive, vexatious, or lack prima facie evidence.
The J&K High Court held that inherent powers under Section 528 BNSS cannot override the statutory bar on second revisions under Section 438(3), dismissing a petition challenging the denial of 19 defence witnesses in a Section 138 NI Act case where the defence was provable through sale deeds. The court also cited an unexplained 11-month delay in filing the revision.
The Andhra Pradesh High Court permitted interim custody of a seized vehicle under BNSS Section 528 despite a pending investigation under the Essential Commodities Act, 1955, imposing conditions to balance evidence preservation and vehicle damage risks. The ruling clarifies the court's discretion in balancing procedural safeguards with practical concerns during prolonged seizures.
Allahabad HC directs applicants to surrender within three weeks and mandates expeditious disposal of bail applications under Satender Kumar Antil guidelines. Non-bailable warrant kept in abeyance for the interim period. Ruling reinforces procedural fairness in surrender-linked bail jurisprudence.
Allahabad HC quashed criminal proceedings under Sections 323, 504 IPC for non-cognizable offences after finding the magistrate erred by treating a police report as a state case. The court emphasized that cognizance of non-cognizable offences must comply with Section 2(d) CrPC, mandating a complaint-based process.
Rajasthan High Court directs trial courts to release accused on bail the same day if a charge-sheet is filed without arrest, reinforcing the right to speedy investigation under Satender Kumar Antil and Ashok Kumar precedents. The ruling applies specifically to corruption cases under the Prevention of Corruption Act, ensuring non-arrested accused are not subjected to unnecessary detention.
The Allahabad High Court has ruled that criminal proceedings cannot be quashed at the summoning stage unless the accused first exhausts the remedy of filing a discharge application. This clarifies a critical procedural gateway in BNSS, ensuring that factual disputes are resolved at the appropriate stage and preventing premature judicial interference in ongoing trials.
The Kerala High Court ruled that the registered owner of a seized vehicle must be granted interim custody to prevent irreversible damage from exposure to weather, affirming that property preservation is a legal duty under BNSS Section 528, irrespective of the alleged offense. This sets a critical precedent for owners of commercial assets caught in prolonged criminal investigations.
Allahabad HC clarifies that accused not arrested during investigation remain entitled to bail under Satender Kumar Antil guidelines even after charge-sheet filing, reinforcing that physical custody is not a prerequisite for bail consideration in Category A offences. The ruling directs lower courts to exercise discretion in favour of bail where no arrest was made during investigation.
The Allahabad High Court has ruled that issuing a non-bailable warrant without first issuing a summons or bailable warrant violates due process under BNSS Section 528. This mandates courts to treat NBWs as a last resort, reinforcing the Supreme Court’s Satender Kumar Antil guidelines and protecting accused persons from arbitrary arrest - a critical procedural check for bail jurisprudence across India.
Allahabad HC allows mediation in criminal complaints under BNSS Section 528, suspending coercive action for five months or until mediation concludes. The ruling enables voluntary settlement even in non-compoundable offences, offering parties an alternative dispute resolution path before trial proceeds.
Punjab & Haryana High Court reaffirms that FIRs under private offences (Sections 406, 420 IPC) can be quashed under BNSS Section 528 if parties reach a genuine compromise, provided procedural safeguards like victim statements are followed. The ruling clarifies that BNSS retains CrPC’s inherent powers for quashing non-compoundable offences, offering relief to accused where disputes are amicably resolved.
Allahabad High Court refuses to quash proceedings under BNSS Section 528 where the accused was never arrested, emphasizing that mere filing of a charge-sheet does not entitle automatic quashing. The court directs bail consideration under Satender Kumar Antil guidelines, reinforcing that procedural compliance alone does not override judicial discretion in criminal proceedings.
Allahabad HC quashed a summoning order under BNSS Section 528 for failing to grant the accused a hearing, reinforcing that procedural fairness is non-negotiable even in SC/ST Act cases. The ruling mandates strict compliance with pre-summoning hearings, impacting criminal trial procedures across Uttar Pradesh.
Allahabad High Court reaffirms that criminal proceedings under POCSO Act and Bharatiya Nyaya Sanhita cannot be quashed at the pre-trial stage if a prima facie case is established. The ruling underscores judicial restraint in interfering with ongoing investigations involving serious offences against minors.
Madhya Pradesh High Court rules that once a chargesheet is filed based on prima facie evidence, criminal proceedings cannot be quashed under BNSS Section 528, reinforcing judicial restraint at the pre-trial stage. The decision underscores that disputed facts must be adjudicated during trial, not via inherent powers.