Art. 226 Can’t Be Invoked to Quash Chargesheet If Cognizance Has Been Taken : Supreme Court

The Supreme Court has ruled that Article 226 of the Constitution cannot be used to quash a chargesheet once a court has taken cognisance of the case, as the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (specifically Section 528) provides an alternative remedy.

The court emphasises that petitioners must first exhaust statutory avenues under criminal procedure before seeking constitutional writs. This reinforces judicial discipline and prevents the misuse of constitutional powers for bypassing established legal processes.

Consequently, the appeal was disposed of at an admission stage without notice to the Respondents, and the writ petition is revived for being considered afresh by the roster bench of the Bombay High Court in accordance with law.

[Pradanya Pranjal Kulkarni V State of Maharashtra & Anr.]