Case Note & Summary
The present appeal by special leave arises from an order dated 31st January 2025 passed by the High Court of Judicature at Bombay, Aurangabad Bench, in Criminal Application No. 4528 of 2024. The appellants had filed a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), corresponding to Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR C.R. No. 270 of 2024 registered at P.S. Nandurbar Taluka, District Nandurbar. The FIR alleged offences punishable under Sections 115(2), 351(2), 351(3), 352, and 310(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), corresponding to Sections 326, 506, 504, and 395 of the Indian Penal Code, 1860. The High Court partially allowed the petition and quashed the FIR to the extent of offences under Sections 115(2), 351(2), 351(3), and 352 BNS, but permitted the proceedings to continue in respect of the offence under Section 310(2) BNS (dacoity). Aggrieved by the retention of the dacoity charge, the appellants approached the Supreme Court. The Supreme Court heard the matter and granted leave. Upon consideration, the Court found no reason to interfere with the High Court's order and dismissed the appeal, thereby upholding the partial quashing and the continuation of proceedings for the offence of dacoity.
Headnote
A) Criminal Procedure - Inherent Powers - Quashing of FIR - Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 482 CrPC, 1973) - The High Court partially allowed the petition under Section 528 BNSS and quashed the FIR for offences under Sections 115(2), 351(2), 351(3), and 352 BNS but retained the charge under Section 310(2) BNS (dacoity). The Supreme Court upheld this order, finding no ground to interfere. (Paras 1-3)
Issue of Consideration
Whether the High Court was justified in partially quashing the FIR by retaining the charge under Section 310(2) BNS (dacoity) while quashing other offences.
Final Decision
The Supreme Court dismissed the appeal, upholding the High Court's order dated 31st January 2025. Leave granted but no interference made.
Law Points
- Section 528 BNSS (Section 482 CrPC) inherent powers
- quashing of FIR
- partial quashing
- distinction between dacoity and other offences
- scope of inherent jurisdiction
