VidhiSangh

Supreme Court of India · 18/05/2023

CHANCHALPATI DAS versus THE STATE OF WEST BENGAL & ANR.

[2023] 6 S.C.R. 655 · 2023 INSC 554

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Summary

The Court quashed a prosecution against two ISKCON office-bearers arising from an alleged bus theft and forged transfer documents. The unexplained eight-year delay, unsupported allegations and failure of the complaint and charge-sheet material to disclose the offences showed malicious abuse of process. Defence registration documents outside the charge-sheet were not considered. The complainant was ordered to pay Rs 1 lakh costs; related petitions seeking relief from trial-expedition directions consequently did not survive.

Issues

  1. Whether the delayed complaint and charge-sheet disclosed a prima facie case or constituted abuse of criminal process.
  2. Whether registration documents produced by the defence outside the charge-sheet could be considered in these proceedings.
  3. What relief and costs followed, including for the related trial-expedition petitions.

Provisions considered

Held

Result

Criminal appeals allowed; proceedings arising from FIR No. 33 of 2009 quashed against the appellants. Respondent-complainant to deposit Rs 1 lakh costs with the Supreme Court Advocates-on-Record Association. Related petitions concerning trial-expedition directions disposed of as not surviving.

Judgment PDF: Supreme Court of India, [2023] 6 S.C.R. 655.