Courtesy: Sudeep Kothavade
The Hon’ble Apex Court in a recent judgment namely, Rajnish Kumar Biswakarma Versus State Of NCT Of Delhi & Anr, held that an accused can adopt remedies either under Section 482 of the Criminal Procedure Code 1973 or Article 226 of the Constitution of India for quashing of the First Information Report and the proceedings arising therefrom, on the ground that the abuse of process of law or any other ground at any stage of the proceedings.
In the instant case, an FIR was lodged under the offences punishable under Sections 498A, 406 read with Section 34 of the Indian Penal Code,1860. An argument was advanced by the Additional Solicitor General that prayer for quashing of FIR must be made at the earliest. The Hon’ble Apex Court held that the prayer for quashing cannot be rejected only on the ground that the same was not challenged at the earliest.
In the Allahabad High Court, the First Information Report is challenged by means of filing a Criminal Writ Petition under Article 226 of the Constitution of India. This remedy can be availed only up till the filing of the Chargesheet. Once the chargesheet is filed, the remedy before Allahabad High Court is to file an Application under Section 482 of the Criminal Procedure Code/ Section 528 of Bhartiya Nagarik Suraksha Sanhita challenging the Chargesheet and the proceedings arising out of the concerned First Information Report. However, if a summoning order has to be challenged, once must move a Criminal Revision before the Allahabad High Court for challenging the incorrectness, illegality, and impropriety of the Order.