In a significant ruling, the Supreme Court clarified that High Courts have the power to quash FIRs even at the nascent stage of investigation under Section 482 of the CrPC (or its equivalent Section 528 of the Bharatiya Nagarik Suraksha Sanhita, BNSS). The Court emphasized that there is no absolute prohibition preventing High Courts from intervening if the FIR, on the face of it, does not disclose any cognizable offence.

"There is no absolute rule that when the investigation is at a nascent stage, the High Court cannot exercise its jurisdiction to quash an FIR under Article 226 or Section 482 CrPC (Section 528 BNSS)."

Case Background: Imran Pratapgarhi’s Poem Controversy

The judgment came in the case of Imran Pratapgarhi, a Rajya Sabha MP, who was booked by Gujarat Police for posting a video on social media featuring a poem titled "Ae khoon ke pyase baat suno". The FIR was registered under Sections 196, 197, 299, 302, and 57 of the Bharatiya Nyaya Sanhita (BNS), alleging that the poem promoted communal disharmony.

Read Also:- Supreme Court Quashes FIR Against Congress MP Over Poem, Upholds Freedom of Speech

However, the Supreme Court found no merit in these allegations. The poem, when read in its entirety, conveyed a message of non-violence and resistance to injustice, without targeting any religion, caste, or community.

Key Observations by the Supreme Court

No Prima Facie Offence Made Out

• The Court held that mere recitation of a poem does not automatically incite hatred or disturb public order.
• The police acted mechanically in registering the FIR without assessing whether the content actually violated any law.

Read Also:- Poem Not Against Any Religion: Supreme Court Clarifies in Case Involving Congress MP Imran Pratapgarhi

High Court’s Power to Quash FIR at Early Stage

• The Gujarat High Court had refused to quash the FIR, citing that the investigation was at a preliminary stage.
• The Supreme Court overruled this reasoning, stating:"When the High Court finds that no offence is made out, it can quash the FIR to prevent abuse of the legal process, regardless of the investigation stage."

Mens Rea Essential for Offences Like Section 196 BNS

• The Court reiterated that criminal intent (mens rea) must be proven for charges like promoting enmity (Section 196 BNS).
• In Pratapgarhi’s case, no such intent was evident.

Read Also:- Supreme Court Reserves Judgment on Congress MP Imran Pratapgarhi's Plea to Quash Gujarat FIR

Criticism of High Court’s Approach

• The Supreme Court expressed surprise that the High Court failed to see the abuse of process in the FIR.
• It remarked:"Registering such an FIR borders on perversity. The High Court should have nipped this mischief at the threshold."

Freedom of Speech Upheld

• The judgment reinforced that artistic expressions, including poetry, must not be stifled unless they clearly violate constitutional limits.
• The Court cited Bhajan Lal’s case, which lists scenarios where FIRs can be quashed, including:
  • When allegations do not disclose any offence.
  • When the case is frivolous or malicious.

The Supreme Court’s ruling quashed the FIR against Imran Pratapgarhi and set aside the Gujarat High Court’s order. 

Case no. – Crl.A. No. 1545/2025

Case Title – Imran Pratapgadhi v. State of Gujarat