Chirag Sen vs State Of Karnataka 2025 INSC 903 - S. 482 CrPC - Manifest Injustice
Code of Criminal Procedure 1973 - Section 482 : Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Where allegations are inherently improbable and no case is made out, continuation of proceedings amounts to abuse of process - While jurisdiction to quash must be exercised with caution, the law equally mandates that courts must not remain passive in the face of manifest injustice- Where a criminal proceeding is instituted with an ulterior motive for wreaking vengeance, the Court has a duty to interdict such
abuse- While the conclusion of administrative bodies is not conclusive for criminal liability, they do bear relevance when evaluating whether a complaint discloses prima facie grounds to proceed further- Summoning an accused in a criminal proceeding is a serious matter and should not be undertaken lightly. (Para 18-22)
Case Info
Case Name and Neutral Citation
- Case Name: Chirag Sen and Another etc. v. State of Karnataka and Another
- Neutral Citation: 2025 INSC 903
Coram (Judges)
- Justice Sudhanshu Dhulia
- Justice Aravind Kumar
Judgment Date
- July 28, 2025
Caselaws and Citations
- Zandu Pharmaceutical Works Ltd. v. Mohd. Sharaful Haque, (2005) 1 SCC 122(Cited regarding abuse of process and quashing proceedings)
- State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335(Cited regarding quashing of criminal proceedings instituted with ulterior motive)
- Pepsi Foods Ltd. v. Special Judicial Magistrate, (1998) 5 SCC 749(Cited regarding the seriousness of summoning an accused in criminal proceedings)
Statutes / Laws Referred
- Indian Penal Code, 1860
- Section 420 (Cheating and dishonestly inducing delivery of property)
- Section 468 (Forgery for purpose of cheating)
- Section 471 (Using as genuine a forged document)
- Section 34 (Acts done by several persons in furtherance of common intention)
- Code of Criminal Procedure, 1973
- Section 200 (Examination of complainant)
- Section 156(3) (Magistrate’s power to order investigation)
- Section 482 (Saving of inherent powers of High Court)
- Constitution of India
- Article 226 (Power of High Courts to issue certain writs)
- Article 227 (Power of superintendence over all courts by the High Court)
- Right to Information Act, 2005
While jurisdiction to quash must be exercised with caution, the law equally mandates that courts must not remain passive in the face of manifest injustice.#SupremeCourt https://t.co/TMxiXTbW9h pic.twitter.com/YVcKMDlFoC
— CiteCase 🇮🇳 (@CiteCase) July 28, 2025
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