Pradnya Pranjal Kulkarni v. State of Maharashtra - S.528 BNSS - Art. 226 Constitution - Quashing FIR - Filing Of Chargesheet
Constitution of India - Article 226 ; Bharatiya Nagarik Suraksha Sanhita 2023 ; Section 528 - So long cognisance of the offence is not taken, a writ or order to quash the FIR/charge-sheet could be issued under Article 226; however, once a judicial order of taking cognisance intervenes, the power under Article 226 though not available to be exercised, power under Section 528, BNSS is available to be exercised to quash not only the FIR/charge-sheet but also the order taking cognisance, provided the same is placed on record along with the requisite pleadings to assail the same and a strong case for such quashing is set up. [Context: Supreme Court set aside Bombay HC order that dismissed a Petition for quashing of F.I.R. as infructuous due to filing of chargesheet ] - Clarified Neeta Singh vs State of Uttar Pradesh.
Case Info
The case is Pradnya Pranjal Kulkarni v. State of Maharashtra & Anr., decided on 3 September 2025 by the Supreme Court of India (Coram: Justice Dipankar Datta and Justice Prashant Kumar Mishra).
Case Name and Neutral Citation
- Case Name: Pradnya Pranjal Kulkarni v. State of Maharashtra & Anr.
- Neutral Citation: Petition(s) for Special Leave to Appeal (Crl.) No.13424/2025, Supreme Court of India, Order dated 03-09-2025
Coram
- Coram: Hon’ble Mr. Justice Dipankar DattaHon’ble Mr. Justice Prashant Kumar Mishra
Judgment Date
- Date of Judgment: 3 September 2025
Caselaws and Citations
- Neeta Singh & Ors. Vs. The State of Uttar Pradesh & Ors.
Statutes/Laws Referred
- Article 226 of the Constitution of India, 1950
- Jurisdiction for writ petitions to quash FIRs.
- Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
- Jurisdiction for quashing FIR/charge-sheet and cognizance order.
- Indian Penal Code, 1860
- Sections 420, 406, 409 read with Section 34 (offences alleged in FIR).
- Code of Criminal Procedure, 1973 (Cr. PC)
- Section 156(3) (investigation orders), Section 482 (inherent powers of High Court).
Referred Supreme Court Order: