B.N. John Vs State of U.P. & Anr (Supreme Court of India)
The Supreme Court in B.N. John v. State of U.P., 2025 SCC OnLine SC 7, reaffirmed the principles for quashing criminal proceedings, as laid down in State of Haryana v. Bhajan Lal (1992). It outlined illustrative categories where quashing is justified, including: (1) when allegations in the FIR/complaint, even if taken at face value, do not constitute any offence; (2) when the FIR discloses only a non-cognizable offence requiring a Magistrate’s order under Section 155(2) CrPC; and (3) where there is an express legal bar to proceedings under CrPC or the concerned Act. The Court emphasized that these powers are to prevent abuse of process and secure justice.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
Leave granted.
2. The present appeal has been preferred being aggrieved by the judgment dated 22.09.2023 passed by the High Court of Judicature at Allahabad under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’ for short) in Application No. 35311 of 2023 by which the appellant’s plea for quashing of the chargesheet No.162 of 2015 dated 20.06.2015, order dated 11.08.2015 taking cognizance and issuing summons, and the entire proceedings in Case No. 9790 of 2015 arising out of Case Crime No. 290 of 2015 under Sections 353 and 186 of the Indian Penal Code, 1860 (‘IPC’ for short), P.S. Cantt. District Varanasi, U.P., was rejected.
