A writ petition under Article 226 may be entertained by the High Court to quash an FIR or chargesheet only till the stage when cognizance of the offence has not been taken by the competent court.
Supreme Court Clarification on Quashing of FIR/Chargesheet under Article 226
New Delhi, September 3, 2025
The Hon’ble Supreme Court of India has clarified an important aspect of criminal jurisprudence regarding the scope of writ jurisdiction under Article 226 of the Constitution of India.
The Court held that:
A writ petition under Article 226 may be entertained by the High Court to quash an FIR or chargesheet only till the stage when cognizance of the offence has not been taken by the competent court.
Once a judicial order taking cognizance has been passed, the jurisdiction under Article 226 ceases for the purpose of quashing.
Thereafter, the appropriate remedy lies under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which empowers the court not only to quash the FIR or chargesheet but also to set aside the order of cognizance, provided the same is specifically challenged with requisite pleadings and a strong factual foundation.
Expert View – Dr. Anthony Raju, Advocate Supreme Court & Leading Criminal Advocate
“This ruling of the Supreme Court brings much-needed clarity between constitutional remedies under Article 226 and statutory remedies under BNSS, 2023. Litigants must now understand that once cognizance is taken, the writ remedy is barred, and the correct course is to invoke Section 528 of BNSS. This ensures judicial discipline, prevents misuse of parallel remedies, and directs parties to the proper forum with the right pleadings. It is a landmark interpretation that will guide High Courts and trial courts alike.”
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