VidhiSangh

Supreme Court of India · 02/12/2025

TUHIN KUMAR BISWAS @ BUMBA versus THE STATE OF WEST BENGAL

[2025] 12 S.C.R. 258 · 2025 INSC 1373

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Summary

The Supreme Court discharged the appellant of offences under Sections 341, 354C and 506 IPC arising from a dispute over entry into a co-owned property governed by a civil court's joint-possession injunction. Taking the FIR and chargesheet at face value, there was no allegation of a 'private act' for voyeurism, no specified threat for criminal intimidation, and no right of the complainant to enter for wrongful restraint, so no strong suspicion existed to justify framing charges.

Issues

  1. What test governs discharge of an accused at the stage of framing charge.
  2. Whether photographing and filming the complainant without consent, as alleged, disclosed an offence of voyeurism under Section 354C IPC.
  3. Whether the material disclosed the ingredients of criminal intimidation under Section 506 IPC.
  4. Whether wrongful restraint under Section 341 IPC was made out where the complainant, a prospective tenant of one co-owner, had no shown right to enter property subject to a joint-possession injunction.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside; appellant discharged in the criminal case arising from FIR No. 50 of 2020, Bidhannagar North Police Station.

Judgment PDF: Supreme Court of India, [2025] 12 S.C.R. 258.