Courtesy: Armaan Khanduja
Article 226 of the Constitution of India empowers the High Courts to issue various writs, such as mandamus, quo warranto, habeas corpus, certiorari, and prohibition, to protect fundamental rights. Criminal writ petitions can be filed before the Allahabad High Court in cases involving violations of fundamental rights or when someone seeks judicial intervention to dismiss or invalidate criminal proceedings against them. Such writs may address matters like quashing an FIR or criminal proceeding, safeguarding the rights of the accused, or dealing with issues related to criminal law, including discovery, pre-trial motions, custodial violence, and bail.
What is the difference between the jurisdiction of criminal writ and Section 482 CrPC/528 BNSS?
The difference between Article 226 of the Constitution and Section 482 CrPC/528 BNSS is that Article 226 provides broader powers for the High Court compared to Section 482/528 BNSS. Writs can be issued against the State under any circumstances with Article 226. At the same time, Section 482/528 BNSS is restricted to cases or procedures under the Code and does not apply to other matters. Similarly, Article 227 grants the High Court supervisory powers over all courts within its jurisdiction. This supervisory authority encompasses administrative and judicial functions, enabling the High Court to ensure that lower courts do not misuse their processes. Directions available under Section 482/528 BNSS can also be sought through writ petitions under Articles 226 or 227. In many cases, the High Court has determined that writ proceedings are a valid option for issuing orders without interfering with its inherent powers.
In Allahabad High Court, it has been held that the quashing of the First Information Report and proceedings before charge sheet has been submitted will require the filing of the Writ Petition invoking the extraordinary remedy vested in the Allahabad High Court in accordance with Article 226 of the Constitution of India. However, to quash the proceedings after the Chargesheet has been submitted and cognizance taken, and process issued, Application under Section 482 CrPC/ 528 BNSS must be filed. However, this is the norm only for Allahabad High Court, and not for other High Courts.
Can a writ petition be filed to quash FIR?
The filing of an application for quashing an FIR is a remedy available under Article 226 of the Constitution of India, which allows individuals to invoke the extraordinary jurisdiction of the High Court through a Criminal Miscellaneous Writ Petition. The court can quash an FIR when it is found to be unjustified or illegal. However, this power is exercised judiciously and not in a callous and cavalier manner, as criminal proceedings are often in their early stages when the FIR is lodged.
The Supreme Court in the case of Indian Oil Corporation v. NEPC India Limited and Others following the landmark case of Bhajan Lal held that if the case in consideration is encapsulated by one of the grounds, the High Court may quash the FIR. The following are the grounds laid down by the Hon’ble Apex Court:
- No Prima Facie Offence: When the allegations in the FIR, even if taken at face value, do not prima facie constitute any offence or make out a case against the accused.
- Non-Disclosure of a Cognizable Offence: If the FIR describes a non-cognizable offence or a civil dispute masquerading as a criminal case, the court may quash it.
- Allegations and Evidence Do Not Make Out a Case: When the allegations in the FIR, coupled with the evidence collected, fail to disclose the commission of an offence and do not make out a case against the accused.
- Non-Cognizable Offence Without Magistrate’s Order: In cases where non-cognizable offences are alleged, the police need special permission from a magistrate to investigate. If such permission is not obtained, the FIR can be quashed.
- Absurd Allegations: When the allegations in the FIR are so absurd or inherently improbable that no prudent person would consider initiating criminal proceedings.
- Legal Bar on Proceedings: When any law bars the initiation or continuation of proceedings, or where there is an effective alternative redressal mechanism available to the aggrieved party.
- Mala fide or Vengeful Intent: When the criminal proceedings have been initiated with mala fide intent or an ulterior motive, such as to seek vengeance or settle personal scores. If the FIR is lodged with the sole intent to harass or malign the accused, the court may intervene and quash the proceedings.
Can a writ petition be filed for claiming compensation against illegal detention by the officer of state?
Compensation can be claimed by a person who was illegally detained by an officer of the state, as highlighted in the case of Shiv Kumar Verma & Another vs. State of U.P. & Others (Criminal Misc. Writ Petition No. 16386 of 2020) decided by the Allahabad High Court. The Hon’ble Court confirmed that the illegal detention of the petitioners violated their fundamental rights under Article 21 of the Constitution, which guarantees the right to life and personal liberty. the Allahabad High Court in this case accepted that illegal detention constitutes a violation of fundamental rights, and compensation can be claimed through a writ petition filed under Article 226 of the Constitution. The court held the responsible officers accountable and suggested compensation for the petitioners.
Will the Court Grant Interim Relief in Criminal Writ Petitions?
In criminal writ petitions, the court has the discretion to grant interim relief, typically to preserve the efficacy of the final relief sought. Such orders are often considered when there is a challenge to an interim or interlocutory order passed during ongoing trial or appellate proceedings. The key factors that influence the court’s decision to grant interim relief/ stay are a prima facie case, irreparable loss, and balance of convenience. While interim relief is not granted routinely or as a matter of course, it is permissible in many cases where the denial of such relief could render the final remedy ineffective.
Furthermore, the Allahabad High Court retains the power to vacate or modify interim relief orders under certain conditions:
- If the party benefiting from the stay intentionally delays the proceedings.
- If the order was obtained through suppression or misrepresentation of facts.
- If there has been a material change in circumstances since the order was issued.
Additionally, ad-interim orders, issued without hearing all parties, are temporary by nature and are meant to be short-lived. They are converted into interim orders after the other side is heard. The court is also cautious when dealing with serious offences, like those under the Prevention of Corruption (PC) Act, or offences against women and children, ensuring that stay orders are not granted lightly.
What relief is granted by the Hon’ble High Court if the First Information Report is challenged by means of Writ Petition but the Offences are punishable by less than 7 years imprisonment?
When an FIR is challenged through a writ petition for offences punishable by less than seven years of imprisonment, the Allahabad High Court grants relief based on legal precedents, such as Arnesh Kumar v. State of Bihar and Mohd. Asfaque Alam v. State of Jharkhand. The Court ensures that arrests are not made casually or unnecessarily.
In the case of Rahul Chaudhary vs State of UP and 2 Others (Criminal Misc. Writ Petition No. 7062 of 2024), the Allahabad High Court disposed of the Writ Petition by holding that the liberty of the petitioners was protected, reiterating the principles laid down in Arnesh Kumar v. State of Bihar and Mohd. Asfaq Alam v. State of Jharkhand.
What are the Reliefs granted if a Criminal Writ Petition is filed?
1. Protection Against Immediate Arrest: As per Section 41(1)(b) and Section 41A of the CrPC, the police are required to issue a notice to the accused to appear before them, rather than arresting the individual immediately. The police can only arrest the accused if certain conditions are met such as a risk of tampering with evidence, absconding, or committing another offense, The I.O. may arrest the petitioner only if credible material is found during the investigation and reasons are recorded in accordance with the guidelines in Arnesh Kumar.
2. Quashing of FIR: The High Court may quash the FIR if it finds that no prima facie case is made out or that the FIR is motivated by mala fide intentions, as laid down in Arnesh Kumar and other cases.
3. Interim Relief: The Court grants interim relief by staying the arrest or criminal proceedings while the writ petition is pending. The accused is allowed to file for anticipatory bail, and the police are directed not to arrest during the investigation unless it is absolutely necessary.
4. Expeditious Investigation: The Court can direct the investigating officer to expedite the investigation and submit a report under Section 173(2) CrPC/ 154 BNSS within a specific time period as the Court may deem fit, eg. 60 days [Rahul Chaudhary vs State of UP]. This is a swift remedy to ensure that the accused is not harassed by the proceedings.
How to draft a Criminal Writ Petition?
Article 226 of the Indian Constitution empowers the High Court to issue writs, providing a wide range of reliefs to individuals affected by illegal detention, abuse of legal process, or unjust criminal proceedings. It serves as an effective mechanism for quashing FIRs, seeking compensation for wrongful actions by state authorities, and addressing matters related to pre-trial procedures, custodial violence, and bail.
To draft an effective Criminal Writ Petition availing any of the abovementioned reliefs, one must thoroughly examine the First Information Report and other documents available with the Accused/ Petitioner, and thereafter, decide the prayer that will be the most effective under the circumstances. One must lay down the facts and circumstances in an orderly manner to disclose the grounds on which the prayer may be granted.