Can High Court Quash FIR Under Section 528 BNSS? Allahabad HC Referred Issue To a 9-Judge Bench

The Allahabad High Court has referred a significant legal question regarding its power to quash FIRs to a nine-judge bench. Justice Deshwal disagreed with a previous seven-judge ruling from 1989, citing recent Supreme Court decisions that broadened the interpretation of High Courts’ inherent powers, arguing the old precedent is now “obsolete.”

When Two Decisions of Equal Bench are in Conflict, “Doctrine of Stare decisis” Would Follow: Allahabad HC

When conflicting judgments of equal benches arise and a larger bench reference is pending, the judgment delivered earlier will prevail, as per a recent Allahabad High Court ruling. Upholding judicial discipline, the court emphasized the doctrine of stare decisis, ensuring consistency and predictability in legal decisions. The case was referred to a larger bench for decision.