Apex Court: High Courts Cannot Grant Relief Without Reasons in FIR Matters.


22 September 2025 FIR >> Criminal Law  

The Supreme Court has withheld an Allahabad High Court verdict that had accorded interim protection from arrest to an accused in a case of fraud that was filed in Uttar Pradesh.

A Bench of Justice Sanjay Kumar and Justice Alok Aradhe gave the judgment on September 22, 2025, while considering an appeal by Ajay Kumar Singh against the High Court's September 27, 2024, order. The High Court had extended relief to respondent Balram Singh in relation to FIR No. 0102/2024, lodged at Bahariyabad police station in Ghazipur district, for offences under Sections 419, 420, 467, 468, and 409 of the Indian Penal Code.


 

 
 
 

The accused had approached protection by filing a writ petition before the High Court, and it had restrained the police from taking coercive action. The Supreme Court, however, opined that an order of this kind was against the principles laid down in the judgment Neeharika Infrastructures Pvt. Ltd. v. State of Maharashtra (AIR 2021 SC 1918), in which it was explicitly settled that High Courts must not interpose themselves into investigation procedures by granting such blanket shields, especially without proper recording of reasons.

Noticing that the High Court's order contained no reason as to why the extraordinary relief had been granted, the Bench granted the appeal and set aside the Allahabad High Court's September 2024 order.

At the same time, the Court made it clear that its order would not deter Balram Singh from going to the proper forum for remedies under the law, including filing an application for anticipatory bail or similar relief.

With this, the case has been finally disposed of, as well as all pending applications thereto.


Section 409., Indian Penal Code - 1860     

Section 419., Indian Penal Code - 1860

Section 420., Indian Penal Code - 1860  

Section 467., Indian Penal Code - 1860  

Section 468., Indian Penal Code - 1860  

Indian Penal Code, 1860