Supreme Court: Article 226 Can’t Be Invoked To Quash Chargesheet If Cognizance Taken

The Supreme Court of India has clarified that High Courts cannot invoke their writ jurisdiction under Article 226 of the Constitution to quash a chargesheet once a Magistrate has already taken cognizance of the offence, holding that the appropriate recourse for the accused lies under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The Court stressed that extraordinary constitutional remedies, though wide in scope, should not be used to bypass well-established statutory procedures provided under criminal law, since indiscriminate use of such powers undermines the authority of trial courts and delays the justice delivery system. The ruling arose when a High Court quashed a chargesheet while exercising its writ powers, an intervention the apex court described as inappropriate and beyond the permissible limits of judicial review in such cases.

By reiterating that statutory frameworks exist for a reason, the judgment ensures that accused persons respect the hierarchy of remedies available, while courts retain the extraordinary jurisdiction for rare cases where statutory remedies fail to provide adequate relief. The Supreme Court emphasized that premature interference in trials through constitutional writs not only hampers effective prosecution but also disrupts the balance between individual liberty and the rule of law. At the same time, it reminded that constitutional courts do retain powers to prevent injustice but cautioned that such jurisdiction must remain exceptional, not routine. This decision reinforces judicial discipline, protects trial processes from unwarranted interruptions, and reaffirms the importance of respecting procedural safeguards under the BNSS, thereby strengthening the consistency and predictability of criminal adjudication in India.