Powers Of The High Courts U/S 482 CrPC And U/S 528 BNSS

Jurisdictionally speaking, under S-482 CrPC, 1973 and S-528 BNSS, 2023, the High Court exercises its inherent powers principally for the following three (3) reasons:

(i) to give effect to any order under CrPC, 1973;

(ii) to prevent abuse of the process of any Court; and

(iii) to secure the ends of justice.

The Hon’ble Supreme Court Of India sits in Appeal whenever the aggrieved party challenges the order passed by the High Courts, exercising the powers under S-482 CrPC, 1973 and S-528 BNSS, 2023.

Ostensibly, provisions of law, as contained in S-482 CrPC, 1973 and S-528 BNSS, 2023, look plainly worded. However, the Jurisdiction of the S-482 CrPC, 1973 and S-528 BNSS, 2023 is the most revisited jurisdiction by the High Courts and the Hon’ble Supreme Court Of India. Yet, amazingly, there is no clarity about the issue.

That said, the legislature of the Country could not be expected to draft the provision in question in simpler words than what it already exists, as is manifestly evident from the very wordings of S-482 CrPC.

The subject in hand is so opaque and prone interpretation that no ordinary lawyer, on either side, who is not so good at legal dexterities, can imagine of pursuing the bench around his or her viewpoint.

Law surrounding Jurisdiction of the S-482 CrPC, 1973 and S-528 BNSS, 2023 has evolved a great deal since the establishment of Hon’ble Supreme Court in the year 1950 till date. The prime milestones on this issue can be said to have been laid in the following years, namely:

(i) in the year 1960, when RP Kapur 5JB judgment was passed by the Hon’ble Supreme Court Of India.

(ii) in the year 1990, when Bhajan Lal judgment was passed by the Apex Court.

(iii) in the year 2021, when Neeharika Infrastructure Private Limited was passed by the Hon’ble Supreme Court Of India.

The Judgments And Citations, In Descending Order, are:

1. Sharla Bazliel Vs. Baldev Thakur & Ors. (2026 INSC 252)- The Supreme Court ruled that an FIR cannot be prematurely quashed at the threshold under Section 482 of the CrPC while an investigation is actively ongoing, particularly in intricate cases involving allegations of fraud and forgery where critical expert/forensic evidence is still awaited.- Key Highlights of the Judgment- No Mini-Trials at Initial Stage: The bench reiterated that High Courts, while exercising inherent jurisdiction under Section 482 CrPC, are not supposed to conduct a mini-trial or substitute their own evidentiary assessment before the investigating agency concludes its inquiry- Pre-empting Forensic Analysis is Impermissible: In this specific case, the original complainant alleged that the accused persons forged signatures and manipulated sale deeds to fraudulently usurp property and bank assets. The High Court had quashed the FIR despite knowing that the disputed documents had been sent to the State Forensic Science Laboratory (SFSL). The Supreme Court held that the High Court erred fundamentally by pre-empting the expert outcome- Evidence-Dependent Restraint: Where the primary allegation centers around forgery, determination of the crime is inherently dependent on handwriting and expert analysis. High Courts must exercise heightened restraint and let the statutory investigating agency do its job- Public and Financial Implications: The bench noted that subsequent forensic updates verified financial irregularities and document manipulation, underscoring that document-based frauds (which often cause losses to the public exchequer) require full trials rather than summary termination.

2. SN Vijayalakshmi Vs. State of Karnataka- 2025 INSC 917= 2025 SCO.LR 8(1)[4]- Bench: Sudhanshu Dhulia J, Ahsanuddin Amanullah J- Indian Penal Code, 1860, Criminal Breach Of Trust Under Section 406—Cheating Under Section 420- Criminal Proceedings In Civil Disputes- Parallel Proceedings- Abuse Of Process- Held, criminal proceedings in a civil dispute cannot be initiated unless there is an “overwhelming element of criminality”.

3. Anil Bhavarlal Jain Vs. State of Maharashtra (2024): The bench refused to quash an FIR involving bank fraud under the Prevention of Corruption (PC) Act. They ruled that economic offenses cannot be viewed lightly via Section 482 as they carry wide-ranging societal ramifications and harm the public exchequer.

4. Dharambeer Kumar Singh Vs. State of Jharkhand (2024 INSC 583): The bench restored a forgery and cheating case, warning High Courts against conducting a mini-trial under Section 482 when a prima facie cognizable offense is disclosed in the complaint.

5. Neeharika Infrastructure Private Limited Vs State of Maharashtra- [3JB] Supreme Court Of India Judgment Dated-13.04.2021- (2021) 19 SCC 401- S-482 CrPC, 1973, Read With Art-226 Of Constitution Of India- Quashing Of FIR-Questions of law: (i) The grounds on which an FIR/complaint can be quashed by the HC in a quashing petition; (ii) The scope of the HC’s power to pass interim orders in a quashing petition, wherein a reference was made to three kinds of interim orders that are routinely passed in a quashing petition: (a) Interim order directing that ‘no coercive steps’ should be taken against the accused, until competition of investigation, (b) Interim order directing a stay of investigation, (c)Interim order granting protection from arrest. Legal Ratio: (i) SC in this Case, unsettled the well-established parameters for quashing of FIR, as laid down in Bhajan Lal (ii) power of quashing should be exercised in exceptional cases to prevent a miscarriage of justice, (iii) the power conferred by Section 482 CrPC should be exercised in accordance with the parameters laid down in Bhajan Lal and R.P. Kapur, (iv) interim orders under Section 482 CrPC cannot be passed in a mechanical manner- the SC severely criticised the practice followed across High Courts, where interim orders directing that ‘no coercive steps should be taken against the accused’ are routinely passed under Section 482 CrPC without giving brief reasons for the same- It was held that all interim orders under Section 482 CrPC can be issued only after giving brief reasons through a speaking order, as that would demonstrate an application of mind, (v) an interim order directing stay of investigation can be passed with circumspection, and should not be passed in a routine or mechanical manner- The SC also highlighted two illustrative cases where a stay of investigation shall be justified – (a) if there is an abuse of process of law, by converting a purely civil dispute into a criminal dispute, with the objective of pressurizing the accused; and (b) The complaint is prima facie barred by law, and the allegations in the FIR do not disclose any cognisable offence. However, the SC stopped short of holding that stay of investigation shall also be warranted if it has been initiated with a mala fide objective or an ulterior motive, (vi) The SC referred to two earlier decisions in State of Telangana Vs. Hamid Abdullah Jeelani, and Ravuri Krishna Murthy Vs. State of Telangana, which held that the HC cannot grant interim protection from arrest under Section 482 CrPC, after dismissing a quashing petition. The SC held that granting interim protection from arrest while dismissing a quashing petition would indirectly amount to an order for anticipatory bail, which can be passed only if the conditions prescribed under Section 438 of the CrPC are satisfied. Hence, according to the SC, if a quashing petition is dismissed, the accused should be relegated to filing an application for anticipatory bail under Section 438.

6. Bhajan Lal- State of Haryana Vs. Bhajan Lal- Supreme Court Of India Judgment Dated-21.11.1990- 1992 Supp (1) SCC 335= AIR 1992 SC 604= 1992 SCC (Cri) 426= 1992 Cri LJ 527= Bench: Pandian, S.R. (J) Reddy, K. Jayachandra (J)- S-482 CrPC, 1973, Read With Art-226 Of Constitution Of India.

7. RP Kapur Vs. State Of Punjab- Criminal Appeal No. 217 of 1959- [5JB] Supreme Court Of India Judgment Dated-25.03.1960- AIR 1960 SC 866- 1960 CrLJ SC 1239- Bench: (i) Shah, JC; (ii) Sinha, Bhuvneshwar P.(CJI); (iii) Imam, Syed Jaffer; (iv) Sarkar, A.K; (v) Gupta, K.C. Das, JJ.- S-482 CrPC, 1973, Read With Art-226 Of Constitution Of India.

8. Arnab Goswami Vs. State of Maharashtra

9. Pending Civil Cases No Bar (2025): The bench ruled that criminal proceedings regarding a fraudulent partition deed cannot be quashed under Section 482 merely because parallel civil disputes are pending on the same subject matter, provided a prima facie criminal case is evident.

S-528 BNSS, 2023=S-482 CrPC, 1973, Governing Laws, And Bare Acts

1. S-482 CrPC, 1973= S-528 BNSS, 2023: Saving Of Inherent Powers Of High Court- Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice”.

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