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Criminal · Reportable judgment

Kanishk Sinha & Another vs The State of West Bengal & Another

Court
Supreme Court of India
Date
27 February 2025
Case No.
Criminal Appeal No(s). 966-971 of 2025
Result
Dismissed
Bench
Sudhanshu Dhulia, Ahsanuddin Amanullah
Citation
[2025] 2 S.C.R. 1405 : 2025 INSC 278
Acts & Sections
CrPC IPC
Supreme Court Reports [2025] 2 S.C.R. 1405 : 2025 INSC 278
Issue for consideration
Whether the High Court was justified in holding that the direction issued in Priyanka Srivastava v. State of Uttar Pradesh [2015] 4 SCR 108 that a complaint will be accompanied by an affidavit is prospective in nature not having any retrospective application and thus, will not be applicable to the complaint lodged against the appellants in the year 2010-2011.
Headnote

Judgments – Operation of – Plea of the appellants that the second FIR was registered on the complaint which was filed before the Magistrate u/s.156(3), CrPC, however, it was not accompanied by an affidavit and therefore, the direction issued by this Court in Priyanka Srivastava (2015) that all such complaints should now be accompanied by an affidavit was violated – High Court dismissing the criminal revisions filed by the appellants held that the direction in Priyanka Srivastava will only operate prospectively and thus, was not applicable to the complaint lodged against the appellants in the year 2010-2011 – Challenge to:

Held: High Court was right in holding that the direction in Priyanka Srivastava that a complaint will be accompanied by an affidavit, will be prospective in nature – In Priyanka Srivastava, this Court was seized with an issue where frivolous complaints were being filed before the Magistrate only to harass people and therefore, in order to check this trend, it was directed that all applications before the Court where s.156(3) CrPC applications are made must be supported by an affidavit duly sworn by the applicant who seeks to invoke the jurisdiction of the Magistrate – Such a step could only be prospective in nature, and this is clearly reflected from the very language used therein signifying that what the Court intended was that from now onward it would be necessary that an application would be accompanied by an affidavit – No merit in the present appeals. [Paras 4-6]

Judgments – Operation of – Always retrospective unless made prospective:

Held: The judgment of the Court will always be retrospective in nature unless the judgment itself specifically states that the judgment will operate prospectively – The prospective operation of a judgment is normally done to avoid any unnecessary burden to persons or to avoid undue hardships to those who had bona fidely done something with the understanding of the law as it existed at the relevant point of time – It is done not to unsettle something which has long been settled, as that would cause injustice to many. [Para 3]

Keywords: Operation of a Judgment · Retrospective · Prospective · Complaint filed before the Magistrate · Not accompanied by an affidavit

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Sudhanshu Dhulia, J. 1. Leave granted. 2. The appellants before this Court are husband and wife (appellant no.1 & 2, respectively), who are aggrieved by an order dated 27.06.2024 passed by the learned Single Judge of the Calcutta High Court by which the criminal revisions of the present appellants were dismissed. The appellants are accused in two different cases, the first registered as a First Information Report (‘FIR’) at police station Bhowanipur, Kolkata as FIR No.179 of 2010 dated 27.04.2010 under Sections 120B, 420, 467, 468, 469, 471 of the Indian Penal Code, 1860 (‘IPC’), r
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