web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: Work-In-Progress Article

Samar Ghosh vs Jaya Ghosh on 26 March, 2007

Posted on April 30, 2018 by ShadesOfKnife

This judgment from a Supreme Court Bench comprising Justice Dalveer Bhandari has enumerated some of the illustrations of mental cruelty citing Judgments of England, America, Canada and Australia.

Intro

The appellant and the respondent are senior officials of the Indian Administrative Service, The respondent was a divorcee and had a female child from her first marriage. The custody of the said child was given to her by the District Court of Patna where the respondent had obtained a decree of divorce against her first husband, Debashish Gupta, who was also an I.A.S. officer. The respondent’s first husband, Debashish Gupta filed a belated appeal against the decree of divorce obtained by her from the District Court of Patna. Therefore, during the pendency of the appeal, she literally persuaded the appellant to agree to the marriage immediately so that the appeal of Debashish Gupta may become infructuous.

The marriage between the parties was solemnized on 13.12.1984.

… In these circumstances, the appellant has prayed that it would not be possible to continue the marriage with the respondent and he eventually filed a suit for the grant of divorce. In the suit for divorce filed by the appellant in Alipur, Calcutta, the respondent filed her written statement and denied the averments. The learned Additional District Judge came to the finding that the appellant has succeeded in proving the case of mental cruelty against the respondent, therefore, the decree was granted by the order dated 19.12.1996 and the marriage between the parties was dissolved. 

 

The Division Bench of the High Court vide judgment dated 20.5.2003 reversed the judgment of the Additional District Judge on the ground that the appellant has not been able to prove the allegation of mental cruelty.

 

Key Points

Such a vital decision cannot be taken unilaterally after marriage by the respondent and if taken unilaterally, it may amount to mental cruelty to the appellant.

The finding of the High Court that the appellant started living with the respondent amounted to condonation of the act of cruelty is unsustainable in law.

The finding of the High Court that the respondent’s refusal to cook food for the appellant could not amount to mental cruelty as she had to go to office, is not sustainable….. The question was not of cooking food, but wife’s cooking food only for herself and not for the husband would be a clear instance of causing annoyance which may lead to mental cruelty.

The High Court’s finding that the husband and wife might be sleeping in separate rooms did not lead to a conclusion that they did not cohabit and to justify this by saying that the respondent was highly educated and holding a high post was entirely unsustainable. Once the respondent accepted to become the wife of the appellant, she had to respect the marital bond and discharge obligations of marital life.

During illness, particularly in a nuclear family, the husband normally looks after and supports his wife and similarly, he would expect the same from her. The respondent’s total indifference and neglect of the appellant during his illness would certainly lead to great annoyance leading to mental cruelty.

The credibility of the witness does not depend upon his financial standing or social status only. A witness which is natural and truthful should be accepted irrespective of his/her financial standing or social status.

… the appellant and the respondent have been living separately for more than sixteen and half years (since 27.8.1990). The entire substratum of the marriage has already disappeared. During this long period, the parties did not spend a single minute together. The appellant had undergone bye-pass surgery even then the respondent did not bother to enquire about his health even on telephone. Now the parties have no feelings and emotions towards each other.

 

Mental Cruelty Guidelines

No uniform standard can ever be laid down for guidance, yet we deem it appropriate to enumerate some instances of human behaviour which may be relevant in dealing with the cases of ‘mental cruelty’. The instances indicated in the succeeding paragraphs are only illustrative and not exhaustive.

(i) On consideration of complete matrimonial life of the parties, acute mental pain, agony and suffering as would not make possible for the parties to live with each other could come within the broad parameters of mental cruelty.

(ii) On comprehensive appraisal of the entire matrimonial life of the parties, it becomes abundantly clear that situation is such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with other party.

(iii) Mere coldness or lack of affection cannot amount to cruelty, frequent rudeness of language, petulance of manner, indifference and neglect may reach such a degree that it makes the married life for the other spouse absolutely intolerable.

(iv) Mental cruelty is a state of mind. The feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of other for a long time may lead to mental cruelty.

(v) A sustained course of abusive and humiliating treatment calculated to torture, discommode or render miserable life of the spouse.

(vi) Sustained unjustifiable conduct and behaviour of one spouse actually affecting physical and mental health of the other spouse. The treatment complained of and the resultant danger or apprehension must be very grave, substantial and weighty.

(vii) Sustained reprehensible conduct, studied neglect, indifference or total departure from the normal standard of conjugal kindness causing injury to mental health or deriving sadistic pleasure can also amount to mental cruelty.

(viii) The conduct must be much more than jealousy, selfishness, possessiveness, which causes unhappiness and dissatisfaction and emotional upset may not be a ground for grant of divorce on the ground of mental cruelty.

(ix) Mere trivial irritations, quarrels, normal wear and tear of the married life which happens in day to day life would not be adequate for grant of divorce on the ground of mental cruelty.

(x) The married life should be reviewed as a whole and a few isolated instances over a period of years will not amount to cruelty. The ill-conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer, may amount to mental cruelty.

(xi) If a husband submits himself for an operation of sterilization without medical reasons and without the consent or knowledge of his wife and similarly if the wife undergoes vasectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act of the spouse may lead to mental cruelty.

(xii) Unilateral decision of refusal to have intercourse for considerable period without there being any physical incapacity or valid reason may amount to mental cruelty.

(xiii) Unilateral decision of either husband or wife after marriage not to have child from the marriage may amount to cruelty.

(xiv) Where there has been a long period of continuous separation, it may fairly be concluded that the matrimonial bond is beyond repair. The marriage becomes a fiction though supported by a legal tie. By refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties. In such like situations, it may lead to mental cruelty.

Samar_Ghosh_vs_Jaya_Ghosh_on_26_March,_2007

Citations : [2007 SCC 4 511], [2007 SUPREME 3 26], [2007 JT 5 569], [2007 CTC 3 464], [2007 BLJR 2 1047], [2007 RCR CIVIL 2 595], [2007 RAJ 2 177], [2007 ALD SC 4 11], [2007 ALL SCR 0 881], [2007 SCALE 5 1], [2007 SCC 4 411], [2007 SLJ SC 2 705], [2007 ALT 3 62], [2007 DMC 1 597], [2007 SCJ 3 253], [2007 WBLR 3 525], [2007 GHJ 16 204], [2007 KERLT 2 55], [2007 RAJLW 2 1357], [2007 AWC 5 4820], [2007 CLT 2 72], [2007 JCIVC 2 1028], [2007 SLT 4 76], [2007 AIOL 339], [2007 BOMCR SC 6 834], [2007 SCR 4 428], [2007 GUJ LR 2 1520], [2007 MADLJ 2 1185]

Other Sources :

https://indiankanoon.org/doc/766894/

https://www.casemine.com/judgement/in/5609ae45e4b01497114135d2


The index page is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments Referred/Cited to Divorce granted on Cruelty ground Irretrievable Breakdown of Marriage Justice Dalveer Bhandari Landmark Case Legal Procedure Explained - Interpretation of Statutes Mental Cruelty Reportable Judgement or Order Samar Ghosh vs Jaya Ghosh Work-In-Progress Article | Leave a comment

Perjury Judgments

Posted on April 27, 2018 by ShadesOfKnife

Is it a crime to lie under oath in India?

Yes.


Any person can ‘seek the Public Servant to initiate Perjury Proceedings’

Section 340 of Cr.P.C. contains the law procedure that has to be followed in Perjury proceedings. The provision from BNSS is Section 379.

Section 195 of Cr.P.C contains offences against public justice and for offences relating to documents given in evidence.


Court can initiate Perjury Proceedings, Suo moto

Section 344 of Cr.P.C contains the law procedure that the Court can invoke against any witness appearing in such proceeding who had knowingly or willfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding.


These are 30+ various provisions under the Indian Penal Code (IPC) that cater to definition and punishment for various perjuries of opposite parties and other public servants.

As per CrPC sec 195(1)(a), the following is the list of 18 provisions of contempt to the lawful authority of public servants. Key here is, a complaint can only be filed by such public servant or by a superior officer of such public servant. Generally Police folks and their bosses, but there is not much history of police filing complaints to Court for the following offences.

IPC 172: Absconding to avoid service of summons or other proceeding
IPC 173: Preventing service of summons or other proceeding, or preventing publication thereof
IPC 174: Non-attendance in obedience to an order from public servant
IPC 174A: Non-appearance in response to a proclamation under section 82 of Act 2 of 1974
IPC 175: Omission to produce document to public servant by person legally bound to produce it
IPC 176: Omission to give notice or information to public servant by person legally bound to give it
IPC 177: Furnishing false information
IPC 178: Refusing oath or affirmation when duly required by public servant to make it
IPC 179: Refusing to answer public servant authorised to question
IPC 180: Refusing to sign statement
IPC 181: False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation
IPC 182: False information, with intent to cause public servant to use his lawful power to the injury of another person
IPC 183: Resistance to the taking of property by the lawful authority of a public servant
IPC 184: Obstructing sale of property offered for sale by authority of public servant
IPC 185: Illegal purchase or bid for property offered for sale by authority of public servant
IPC 186: Obstructing public servant in discharge of public functions
IPC 187: Omission to assist public servant when bound by law to give assistance
IPC 188: Disobedience to order duly promulgated by public servant

For these 18 offences, an application u/s 340 CrPC can not be filed. Also no private complaint under 190/200 CrPC is maintainable by any other person, but representations may be made to the SHO of the Police Station concerned or to the Office of SP/CP.


As per CrPC sec 195(1)(b), the following is the list of 16 provisions of contempt to the lawful authority of Courts. Key here is, a complaint can only be filed by such Court or by such officer of the Court as that Court may authorise in writing in this behalf, or by a superior Court of such Court. Generally Trial Courts and their Appellate Courts. Again no private complaint under 190/200 CrPC is maintainable. For these 16 offences, an application u/s 340 CrPC can be filed; even by a stranger to the case.

IPC 193: Punishment for offenses u/s 191 & 192 IPC
IPC 194: Giving or fabricating false evidence with intent to procure conviction of capital offence
IPC 195: Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
IPC 195A: Threatening any person to give false evidence
IPC 196: Using evidence known to be false
IPC 199: False statement made in declaration which is by law receiva­ble as evidence
IPC 200: Using as true such declaration knowing it to be false
IPC 205: False personation for purpose of act or proceeding in suit or prosecution
IPC 206: Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
IPC 207: Fraudulent claim to property to prevent its seizure as forfeited or in execution
IPC 208: Fraudulently suffering decree for sum not due
IPC 209: Dishonestly making false claim in Court
IPC 210: Fraudulently obtaining decree for sum not due
IPC 211: False charge of offence made with intent to injure
IPC 228: Intentional insult or interruption to public servant sitting in judicial proceeding

Terms used in judgments are misrepresentation, unclean hands, fraud on court, misuse of administration of justice etc if you are searching for judgments online.

Here are the judgments for your usage in your cases under above IPC sections.

IMP NOTE: Apart from the listed (and implied) sections, there are many more provisions of IPC which can be filed as a direct complaint as per 154 CrPC, 155 CrPC or 190/200 CrPC. The said procedure under sec CrPC 340 does not apply to those sections. Like IPC 218 etc.


Additionally, such contemnors are liable for punishment under Contempt of Courts Act, 1971 as well, at the State High Court.

  1. Muthu Karuppan Vs Parithi Ilamvazhuthi and Anr on 15 Apr 2011

Supreme Court Judgment

  1. M.S.Sheriff Vs The State of Madras and Others on 18 March, 1954 (Landmark:  Dispose Perjury First, especially dispose off criminal cases first then take up civil matters)
  2. Santokh Singh Vs Izhar Hussain and Anr on 25 Apr 1973 [Landmark: No application of IPC 211 on Police]
  3. K. Karunakaran Vs T. V. Eachara Warrier on 16 November, 1977
  4. Baban Singh And Anr Vs Jagdish Singh & Ors on 8 February, 1966
  5. S.P Chengalvaraya Naidu Vs Jagannath on 27 Oct 1993 [Landmark: judgment or decree obtained by fraud is to be treated as a nullity]
  6. Chandra Shashi Vs Anil Kumar Verma on 14 November, 1994 [2 weeks imprisonment for husband for the Contempt of Court]
  7. Dhananjay Sharma Vs State Of Haryana And Ors on 2 May 1995 [Imprisonment For Contempt Of Court due to filing of false affidavits]
  8. Dr. Buddhi Kota Subbarao Vs Mr. K.Parasaran and Ors on 13 Aug 1996 [Landmark: Suppression of material facts]
  9. Sachida Nand Singh and Anr Vs State of Bihar and Anr on 3 February, 1998
  10. Swaran Singh Vs State of Punjab on 26 Apr 2000 [A trial Judge knows that the witness is telling a lie and is going back on his previous statement, yet he does not wish to punish him or even file a complaint against him. He is required to sign the complaint himself which deters him from filing the complaint.]
  11. Madras High Court Advocates Association Vs Dr.A.S.Anand, Honble The C.J.I. on 12 May 2001 []
  12. Pritish Vs State Of Maharashtra & Ors on 21 November, 2001 [SC: Formation of an opinion by the court (before which proceedings were to be held) that it is expedient in the interest of justice that an inquiry should be made into an offence which appears to have been committed. Preliminary enquiry not mandatory and no need to issue notices to perjuror]; (Dispose Perjury First)
  13. Messers S.J.S. Business Enterprises Vs State of Bihar and Ors on 17 Mar 2004 [Concealment/Suppression of facts should be material facts, not any other facts]
  14. Iqbal Singh Marwah & Anr Vs Meenakshi Marwah & Anr on 11 March, 2005
  15. Mahila Vinod Kumari Vs State Of M.P on 11 July, 2008 [Landmark: Initiate perjury proceedings more effectively and frequently]
  16. K.D. Sharma Vs Steel Authority Of India Ltd. and Ors. on July 09, 2008 [Landmark: Suppression of material facts]
  17. Dalip Singh Vs State Of U.P. & Ors on 3 December, 2009 [‘who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final.‘]
  18. Meghmala & Ors Vs G.Narasimha Reddy & Ors on 16 August, 2010
  19. Ramjas Foundation and Ors vs Union of India and Ors on 9 Nov 2010 [Landmark: Unclean hands principle applies to all litigation not just those under Articles 32, 226 and 136 of the Constitution]
  20. Ramrameshwari Devi and Ors Vs Nirmala Devi and Ors on 4 July, 2011
  21. Inderjit Singh Grewal Vs State Of Punjab & Anr on 23 August, 2011
  22. Maria Margadia Sequeria Fernandes and Ors Vs Erasmo Jack De Sequeria (D) thru LRs on 21 Mar 2012 [Imposition of heavy costs would also control unnecessary adjournments by the parties. In appropriate cases, the courts may consider ordering prosecution otherwise it may not be possible to maintain purity and sanctity of judicial proceedings]
  23. Kishore Samrite Vs State of U.P. and Ors on 18 October, 2012 [Landmark: Suppression of material facts]
  24. Perumal Vs Janaki on 20 January, 2014
  25. Sanjay Kumar Vs State of Bihar and Anr on 28 Jan 2014 [If the pleadings in a civil matter are false, the petitioner is liable for perjury]
  26. Sciemed Overseas Inc. Vs BOC India Limited & Ors on 11 January, 2016
  27. Amarsang Nathaji As Himself Vs Hardik Harshadbhai Patel And Ors on 23 November, 2016 [SCI: It was held that, it must be expedient in the interest of justice to initiate an inquiry u/s 340 CrPC]
  28. State Of Goa Vs Jose Maria Albert Vales @ Robert Vales on 18 Aug 2017 (Cites MS Sheriff)
  29. Sarvepalli Radhakrishnan University and Anr Vs UOI and Ors 07 January, 2019 (Cites Madras High Court Advocates Association)
  30. Narendra Kumar Srivastava Vs State of Bihar on 4 Feb 2019 [No perjury can be initiated via a Private complaint; just like the correct element in Perumal Vs Janaki]
  31. Aarish Asgar Qureshi Vs Fareed Ahmed Qureshi on 26 February, 2019 (Bombay HC order for Perjury inquiry was set aside by SC)
  32. Sasikala Pushpa and Ors Vs State of Tamil Nadu on 07 May 2019
  33. State of Punjab Vs Jasbir Singh on 26 Feb 2020 [Is preliminary inquiry mandatory u/s 340 CrPC? Referred to Large bench]
    • State of Punjab Vs Jasbir Singh on 15 Sep 2022 (Relying on Iqbal Singh Marwah here, the above reference was decided, holding that preliminary inquiry is NOT mandatory u/s 340 CrPC)
  34. Ms New Era Fabrics Ltd Vs Bhanumati Keshrichand Jhaveri and Ors on 03 Mar 2020 (Cites Madras High Court Advocates Association)
  35. MS Bandekar Brothers Pvt Ltd and Anr Vs Prasad Vassudev Keni on 2 September 2020
  36. Bhima Razu Prasad Vs State of Tamil Nadu on 12 Mar 2021
  37. Himanshu Kumar and Ors Vs State of Chhattisgarh and Ors on 14 Jul 2022 [affidavit is ‘evidence’]
  38. Ram Kumar Vs State of UP and Ors on 28 Sep 2022 (Relies on Chengalvaraya above)
  39. Kuldeep Kumar Vs U.T. Chandigarh and Ors on 20 Feb 2024 [Presiding Officer made a false statement and CJI ordered to initiate perjury proceedings]
  40. James Kunjwal Vs State of Uttarakhand and Anr on 13 Aug 2024 [Landmark: When perjury proceedings can be initiated]
  41. Sunil Nayak @ Fundi Vs State of NCT of Delhi on 09 Sep 2024 [Costs imposed for lying in pleadings]
  42. Rekha Sharad Ushir Vs Saptashrungi Mahila Nagari Sahkari Patsansta Ltd on 26 Mar 2025 [Relying on S.P Chengalvaraya Naidu Vs Jagannath, says that those who indulge in suppressing material facts need to be thrown out of the court]
  43. Vishnu Vardhan Vs State of UP and Ors on 23 Jul 2025 [Fraud vitiates everything; the order was obtained by a successful party by practising or playing fraud, it is vitiated.]
  44. Neha Lal Vs Abhishek Kumar on 20 Jan 2026 [Perjury must be continued]

 

Allahabad High Court Judgment

  1. Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003 (Dispose Perjury First)
  2. Garima Srivastava Vs State of U.P. and another on 19 January, 2010
  3. Mahesh Tiwari Vs State Of U.P. And Another on 24 August, 2016
  4. Dipanshi And Another Vs State Of U.P. And 3 Others on 21 November, 2016
  5. Amit Bajpai v. State of U.P. and Anr on 15 Dec 2023 (Dispose Perjury First)
  6. Atul Kumar Bajpai Vs State of UP and Anr on 17 Sep 2025 (Dispose Perjury First)

 

Andhra Pradesh High Court Judgment

  1. Yalala Swapna Vs The Hindustan Petroleum Corporation Ltd. Mumbai and anr on 09 June, 2009
  2. P.Parameshwar Reddy Vs The State Of Telangana on 10 August, 2015
  3. Amit Kumar Yadav And Others vs State Of Telangana on 11 September, 2015
  4. Kudari Chandrasekhar Vs State of AP on 08 Mar 2021 (Number the 340 CrPC Perjury application first and dispose it on merits)

 

District Courts:

  1. State of AP Vs Matham Vijaya Rao and Anr on 07 Jul 2025 []

 

 

Bombay High Court Judgment

  1. Kenneth Desa and another Vs Gopal on 11 July 2007
  2. Arun Kashinath Deshpande Vs Smt.Inumati Ramchandra Deo on 8 April, 2010
  3. Shriram Munjaji Raut Vs The State of Maharashtra on 14 March, 2011
  4. Fareed Ahmed Qureshi Vs State of Maharashtra on 7 March, 2018 (Set aside by SC)
  5. Union Of India And Ors Vs Haresh Virumal Milani on 26 April, 2018
    1. Union Of India And Ors Vs Haresh Virumal Milani on 11 June, 2018 (Typo Corrected)
  6. Surendra Vishwanath Mishra Vs The State of Maharashtra on 18 February, 2019 (Dispose Perjury First)

 

Calcutta High Court Judgment

  1. Arijit Sarkar Vs Monosree Sarkar and Ors on 09 January, 2017 (evidence is not recorded in a case)
  2. Bhriguram De Vs State of West Bengal and others on 20 September, 2018

 

Delhi High Court Judgment

 

    1. M/s Jindal Polyster Ltd Vs Rahul Jaura on 18 Oct 2005  
    2. Padmawati and Ors Vs Harijan Sewak Sangh and Ors on 06 November 2008 (Liars should be made to pay for enjoying illegal benefits)
    3. Jagdish Prasad Vs State and Others on 23 March, 2009 (Prima Facie opinion on Perjury)
    4. Punjab tractors ltd Vs M/s International Traders ltd and Ors on 18 Sep 2009  
    5. Rajkumar Indoria Vs NCT Of Delhi, New Delhi on 18 August, 2010 (Prima Facie opinion on Perjury)
    6. Sanjeev Kumar Mittal Vs The State on 18 November, 2010
    7. HS Bedi Vs National Highway Authority Of India on 22 January, 2016 (Under Section 209 IPC)
      1. HS Bedi Vs National Highway Authority Of India on 14 May, 2015
    8. MS Gokaldas Paper Products Vs MS Lilliput Kidswear Ltd Anr on 5 Apr 2023 [Perjury proceedings initiate in Contempt proceedings!]
    9. Sachin Kumar Daksh Vs Mamta Gola and Anr on 16 Feb 2024 [Allowed Revised Income affidavit as per Rajnesh Vs Neha judgement though held that earlier affidavit is not obliterated]
    10. McDonalds India Ltd Vs State of NCT of Delhi and Anr on 12 Jan 2026 [No perjury]

 

 

Gujarat High Court Judgment

  1. Babubhai Mervanbhai Patel Vs State Of Gujarat Through Secretary and Anr on 26 August, 2010
  2. Gujarat Pipavav Port Limited Vs Sharda Steel Corporation on 26 March, 2012
  3. Sejalben Tejasbhai Chovatiya & vs State Of Gujarat on 20 October, 2016

 

Jammu & Kashmir and Ladhak High Court Judgment

  1. Fayaz Ahmad Rather Vs Union Territory of J&K and Ors on 11 Jan 2023 [Perjury directly before High Court; costs levied Rs.1,00,000/-]
  2. Roshan Lal Tickoo Vs Predimant Krishan Tickoo on 02 Aug 2024 []

 

Karnataka High Court Judgment

  1. Veerabhadraiah Swamy and Ors Vs Veerupakshi and Ors on 23 Jun 2021 (Relies on Chengalvaraya)
  2. Dr.Praveen R Vs Dr.Arpitha K.S on 31 Aug 2021 (Refers to Swaran Singh and Mahila Vinod Kumari)
  3. Mr xxxx Bhat Vs State of Karnataka and Ms xxxx Rao on 28 Jun 2024 [relying on R.P. Kapur Vs State of Punjab, Achin Gupta Vs State of Haryana and Bhajan Lal, quashed proceedings; 211 IPC also suggested]
  4. Dr.Praveen R Vs Dr.Arpitha on 31 Aug 2021 [Courts must promptly consider perjury applications in matrimonial cases when suppression of income is established on record.]

 

Karnataka High Court Judgment

  1. Sajith N.K. Vs Jishabai Puthukudi and Anr on 03 Aug 2023 [Private complaint u/s 200 Cr.P.C. is not maintainable for a perjury case]

 

Madhya Pradesh High Court Judgment

  1. Kamla Sharma and Ors Vs Sukhdevlal and Ors on 18 Apr 2022 [False Statement Which Doesn’t Affect the Outcome of Case Can’t Invoke 340 CrPC Proceedings]
  2. Shailendra Sharma and Ors Vs Indus Residency Pvt Ltd and Ors on 07 Jan 2026 [Police can not register FIR without any explicit Order from a Magistrate under 340 CrPC/379 BNSS]

 

Madras High Court Judgment

  1. Karthick Vs The Commissioner of Police on 8 July, 2013
  2. S.Mukanchand Bothra Vs Rajiv Gandhi Memorial Educational Charitable Trust Chennai and Ors on 22 December, 2015 [No application of IPC 211 against Investigating Police officers; Possibility of IPC 218]
  3. Sulochana Vs Thiru. R.Sivasamy on Pronounced on 24 May, 2017 (Under Section 209 IPC)
  4. A.Radhika Vs Wilson Sundararaj on 26 Feb 2021 [No application of IPC 211 against Investigating Police officers; Possibility of IPC 218; Cites Mukanchand Bothra]

 

Punjab and Haryana High Court Judgment

  1. Sunny Bhumbla Vs Shashi on 25 January, 2010
  2. Ritu @ Ridhima and Another Vs Sandeep Singh Sangwan on 15 Mar 2022
  3. Nachhattar Singh Vs Rai Singh and Anr on 28 Jul 2022
  4. Kamaljeet Kaur and Anr Vs Harbhajan Singh and Anr on 26 Aug 2022

 

High Court for the State of Telangana Judgment

  1. Mohd. Ghouse Khan Vs State of Telangana on 15 Oct 2019 (Dispose Perjury First)
  2. Pulipati Srinivas Vs State of Telangana and Ors on 14 Feb 2024 [Imposed exemplary costs of Rs.15 Lakhs, on both the Writ petitioner and his Counsel]

 

 

Uttarakhand High Court Judgment

  1. Chandra Shekhar Kargeti Vs State of Uttakhand on 8 August, 2018

 


Go here for Cases where Perjury Proceedings were initiated.


MASTER SITEMAP here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged CrPC 340 read with CrPC 195 CrPC 344 - Summary procedure for trial for giving false evidence IPC 193 - Punishment for false evidence Justice Dalveer Bhandari Perjury - Approached Court with Unclean Hands Perjury - Costs Levied or Imprisonment For Perjury Perjury - Judgment or Decree Obtained by Playing Fraud on the Court is a Nullity and Non Est Perjury - Preliminary Inquiry Not Mandatory Perjury Under 340 CrPC Reportable Judgement or Order Summary Post Work-In-Progress Article | 1 Comment

Krishan Jeet Singh Vs State Of Haryana on 3 October, 2002

Posted on April 15, 2018 by ShadesOfKnife

This is from Punjab and Haryana High Court in a 498A, 406 case.

IPC 498a Not Made Out

The Civil Court in the divorce proceedings filed by Complainant has also held that the allegations levelled against the defendants that they had demanded the dowry and harassed the complainant have been found false.

This Court is of opinion that in such a short span of 13 days, demand of dowry, as has been alleged by the petitioner, could not have been made by the respondent or his family members.

This Court is conscious of a fact that in these days when the number of divorce petitions are increasing in our society, this is one of the easiest allegations to level against the husband by the wife. It is easy to level it but it is very difficult to prove the same.

Judge has allowed the divorce on the ground that the marriage between the parties is a dead marriage.

IPC 406 Not Made Out

There is no specific allegation in the complaint regarding the entrustment of dowry articles as to whom the articles were given. When there is no specific allegation, the charge cannot prove.

Krishan Jeet Singh Vs State Of Haryana on 3 October, 2002

Citations: [2

Other Source links:


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Civil Courts Decisions Binding Criminal Courts IPC 406 - Not Made Out IPC 498a - Not Made Out Not Authentic copy hence to be replaced Work-In-Progress Article | Leave a comment

Bomma Ilaiah Vs The State Of A.P. Rep. By Public on 9 January, 2003

Posted on April 14, 2018 by ShadesOfKnife

This is an interesting Judgment of AP High Court whereby the accused is acquitted under IPC 498A (max punishment is 3 years) but convicted under IPC 325 (max punishment is 7 years) !!

Section 325 in The Indian Penal Code
325. Punishment for voluntarily causing grievous hurt.
—Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

Bomma Ilaiah Vs The State Of A.P. Rep. By Public on 9 January, 2003

Citations: [2

Other Source links:


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Bomma Ilaiah Vs The State Of A.P. IPC 325 - Punishment for voluntarily causing grievous hurt IPC 498a - Not Made Out Not Authentic copy hence to be replaced Work-In-Progress Article | Leave a comment

Fight the false IPC 498A case on merits till the end of trial

Posted on April 14, 2018 by ShadesOfKnife

If you have already used up/could not utilize the Discharge (before framing of charges on the Accused i.e., you and your family) and the Quash (after framing of charges on the Accused i.e., you and your family) due to lack of legal grounds or rejection by court for valid reasons and you do NOT want to go with Settlement route, read on.

Click here to understand the high-level workflow or lifecycle of IPC 498A cases for making yourself familiar with same.

While you are at it, it may occur to you that, rather than feed the lawyer, who gets fed but doesn’t deliver the results as expected by you, it would seem obvious and most sensible thing to do is to present and argue your case on your own. That is called as arguing your case as Party-in-person.

Read here for more on what Party-in-person means.

Posted in Legal Procedure | Tagged IPC 498A - Husband or relative of husband of a woman subjecting her to cruelty Summary Post Work-In-Progress Article | Leave a comment

Lifecycle Stages of a Section 498A IPC Case

Posted on April 14, 2018 by ShadesOfKnife

Listed below are a reasonably laid out sequence of events in a Criminal Case filed under Section 498A of Indian Penal Code (IPC). The section is available here.


Other Life Cycles: DV Case Lifecycle || Maintenance Case u/s 125 CrPC Lifecycle. Index is here.


Initial signs of facing a false criminal case u/s 498A IPC

These days awareness of women about gender-biased laws in India has enormously increased partly due to movies and men do not need any special sign to know that they (and others in his family) are going to face false matrimonial litigation. The women are telling in your face that they will hoist a false litigation and *send you to jail* (this being the sole goal). So listen/observe carefully for such utterances and record them. This is evidence. Safe guard it. Being idiotic (read still believing that the woman will come back to his home and lead a happy marital life is a oasis) is your choice. Hope you do not regret that decision later when one or some in your family die due to false litigation (and the stigma/defamation it causes to your family)

Filing of false complaint and registration of FIR

Another must-happen is that the women hoist the false complaints only at their parental home to leverage the local feelings. (caste, regional connections will be invoked). There is a bad judgment also now to support them in this. Go find it here.

Officer in charge of the Station (Station House Officer-SHO) assigns an officer of cadre Inspector to register FIR and investigate the allegations in the complaint. This person is called as Investigation Officer (I/O).

 

Anticipatory Bail u/s 438 Cr.P.C.

If there are any other serious cognizable offences in the FIR (Check First Schedule in Cr.P.C. book which lists some I.P.C. offences along with details such as if a case is a cognizable and/or bailable) which may attract 7 years or more punishment. Then immediately go for Anticipatory Bail u/s 438 Cr.P.C. at Sessions Court first and on failure there go to High Court. Landmark Arnesh Kumar judgment is here. The thing to note here is that once a AB is granted in a case (FIR), the protection continues until the end of trial. Landmark case law of Sushila Aggarwal is here. Another note is, no need to convert AB into Regular Bail. Do not entertain any nonsense here.

 

Notice u/s 41A of CrPC

Misuse of arresting Power of Police was held to be illegal and hence Apex Court directed all DGPs of all States that they issue directions to the entire Police in their states, not to automatically arrest accused person after registering FIR but to issue a Notice to all accused to join the inquiry u/s 41A of Cr.P.C. The Arnesh Kumar judgment is here.

The Result:

Arrests (only with respect to Dowry Prohibition Act offences as an example here; No 1 cause used to support most of all false matrimonial cases) reduced considerably. Didn’t stop though. Most of the I.O.s of these arrests have committed Contempt of Court by arresting the accused (Immediately approach State High Court with a Contempt Petition). A simple RTI application to National Crime Record Bureau asking “in how many arrests under this Act, a notice u/s 41A Cr.P.C. was issued” would open up the blatant disregard for the decision of Supreme Court.

Gender-wise split of arrests… See, how many mothers and sisters were arrested in false matrimonial litigation in India, only under Dowry Prohibition Act.

 

Obtaining Station Bail

If Police arrested you or your family members, before you obtain Anticipatory Bail, one can give sureties to Police and obtain Station Bail. No need to give any ‘fees’ to Police.

Obtaining Default Bail

Per Section 167 Cr.P.C., if I/O is unable to complete investigation within 24 hours of apprehending you or your family, he is supposed to present you before Jurisdictional Magistrate and seek Police custody. Magistrate may remand you to Police Custody for maximum 15 days.

Obtaining Regular Bail u/s 437 CrPC

If Police do not allow you Station Bail and put you in Police custody, you or your family members, can go before Jurisdiction Court and file petition u/s 437 CrPC for obtaining Regular Bail, by giving sureties to Court. No need to give any ‘fees’ to Court. Court will grant Regular Bail while imposing certain conditions.

Quashing the FIR at High Court u/s 482 CrPC

Learn what is a Quash (not squash; it is a sport) Petition and how to make good use of it at High Court here. Then read how a baseless, maliciously motivated FIR may be quashed here.

Filing of Charge sheet by I/O

I/O does investigation to gather material and witnesses supporting the allegation and based on this outcome, files a Closure report (with reasons) or a Charge sheet (u/s 173 Cr.P.C.) into the jurisdictional Court.

Minimum documents that I/O should submit to Court along with Charge sheet (this set of documents are also called as Challan)

  1. Complaint
  2. FIR (Signature of the complaint to be taken)
  3. Statements of Prosecution Witnesses recorded u/s 161 Cr.P.C. (No signature of witness to be taken on these statements
  4. Typed Charge sheet
  5. Rough Sketch of the alleged crime scene/location
  6. Entries from Police Station Case Dairy
  7. Any documentary evidences obtained
  8. Notice issued to the complainant (so that complainant can protect any removal of accused/section from charge sheet)
  9. Delete memo (if any filed by I/O into Court)
  10. Arrest memo, Bail bonds, ID proofs of accused

 

Protest Petition

Once charge sheet is filed into the trial Court, the Court issues a notice to the de facto complainant indicating that their initial report have reached the Court in the form of a final report (which can be either a closure report indicating the police could establish the allegation in the report or a charge sheet indicating that the police could establish the allegation in the report by way of evidence and witness).

The de facto complainant can choose to object to the final report filed into the Court either or removal/diluting of sections or removal of accused from the FIR. There is no section of law from this in the Cr.P.C.

 

Initial Appearance in Court

It will take some time before the filing section of the Court gives a C.C. (calendar case) number to your case and issues summons to you and other accused to appear before Court and participate in Court proceedings.

On being present, these activities must happen (i) Recording Your identity and attendance, (ii) Inquiry about Engagement of own advocate or need of any Legal Aid advocate, (iii) Copies of Prosecution documents given to each accused present in Court and (iv) next date given for framing of charges.

Court provides (I/O provides actually) the following to each accused person, one copy as prescribed u/s 207 Cr.P.C.

  1. Complaint
  2. FIR (Signature of the complaint to be taken)
  3. Statements of Prosecution Witnesses recorded u/s 161 Cr.P.C. (No signature of witness to be taken on these statements
  4. Typed Charge sheet
  5. Rough Sketch of the alleged crime scene/location

You can obtain certified copy of any other documents by filing a copy application in copy section of the Court.

 

Discharge from case u/s 239 CrPC

Discharge petition helps accused person to come out of false litigation (Best case – All accused may be discharged from all offences in Charge sheet; worst case – Husband may have to face 498A IPC but other sections and accused may be discharged). Read when to invoke a Discharge Petition at the trial court itself here. There are a few good judgments pertaining to Discharge here. Read this judgement here to success in your discharge.

If your Discharge petition is dismissed baselessly (reason given by Magistrate is, every ground you raised is a matter of trail), your remedy is to file Revision at Sessions Court within limitation petition.

Framing of Charges

After conducting a hearing (hearing before charge – HBC stage) to complainant and accused, Magistrate will read out the charges from the charge sheet, in the language understood by accused and ask if he/she pleads guilty. If accused prays guilty, Magistrate will record such confession and move to next stage. If charges are denied then Magistrate will proceed to frame charges on the accused persons and issue a charge framing order.

Even though this is an interlocutory order, it is nevertheless a judicial order, so this can also be challenged at High Court u/s 482 Cr.P.C.

Begin of Criminal Trial

This is a criminal trial so all remedies available under Cr.P.C. can be gainfully invoked to benefit accused persons. The following are some.

Section 201 Cr.P.C. can be invoked if complainant tries to erase statutory (Marriage certificate, divorce decree, land/property documents) financial, medical, mobile, electronic (email, sms, whatsapp, video, audio) evidence which would destroy her case.

Section 202 Cr.P.C. can be invoked if truth is concealed and lies are recorded in complaint to police.

Section 205 Cr.P.C. can be invoked to dispense with personal attendance of accused. Standard forms may be available at/near courts. Fill, attach Rs.2/5 Court Stamp and file at Bench or Filing section. Prosecution will object. During hearing, plead the grounds (distance/out-station, health, advanced age etc)

Section 317 Cr.P.C. can be invoked on a per-appearance basis, if 205 petition above is not allowed.

If you are a Party-in-person, then invoke Rule 37 of the Criminal Rules of Practice and Circular Orders 1990 for High Court of A.P. here. Due to this, one accused can represent (not plead/argue) other accused persons. Using this, ensure your parents and relatives do not suffer due to travels involved.

Section 256 Cr.P.C. can be invoked if the complainant herself is not appearing nor the Assistant PP, you can pray to Court to acquit the accused. If the complainant is represented by advocate, then to mark that stage as null and proceed further. If Magistrate doesn’t oblige, file a Memo praying same, so your prayer goes on record of Court in the case. Same, if complainant dies too.

Section 91 Cr.P.C. can be invoked to summon any document held by any authority, public or private.

Try this only after exhausting Formal communication channels with the document-holding entity and via RTI Act. Else, Court will dismiss your application. Few more remedies are here.

Quash the case u/s 482 CrPC

At any point in time during trail of this case, if there appears any grounds basis which the Court shall not proceed against accused persons, they can approach High Court u/s 482 Cr.P.C. to quash the proceedings.

Examination of Complainant and Prosecution witnesses

Examination stage has two phases: Chief Examination and Cross Examination.

While examination, evidences to support either side may be submitted to Court and get them marked/numbered.

Evidence of Complainant and witnesses

Chief Examination: Complainant gives their deposition to Court. This can be filed via an affidavit. Similarly, witnesses will also finish their Examination-in-chief.

Cross-examination of Complainant and witnesses

Cross Examination: Complainant (and her witnesses) is put questions by Defence Advocate to test the veracity of truth in her allegations. Use Section 159 (Refreshing memory) of Indian Evidence Act cleverly.

Examination of Accused and Defence witnesses u/s 313 CrPC

The landmark judgment (from 2000) which held that physical presence of accused persons is NOT required for examination, if they do not have anything to say is here. Recent Karnataka HC judgment here.

Evidence of Accused

Rarely, does the need arises for accused to produce any evidence.

Cross-examination of Accused and Defence witnesses

If presented, Accused/defence witnesses/evidences have to go through Cross examination phase.

Court’s Power to Examine Accused

The Court has power to examine the Accused u/s 313 Cr.P.C.

Arguments

Advocates take turns and introduce their arguments, based on the Examination stage and Evidences brought on record of the Court. Once Oral arguments are finished, written arguments may also be submitted to Court. This is covered u/s 314 Cr.P.C.

Judgment (Acquittal/Conviction)

After conclusion of arguments, Court reserves the judgment, as Magistrate has to write the judgment. Once ready with Judgment, Magistrate pronounces the Judgment in the Open Court in the presence of parties involved in the case.

Revision/Appeal

sfdsd


Settlement/Compromise

In Andhra Pradesh, 498A IPC is made compoundable through an amendment to Cr.P.C. (a Central Act, 2 of 1974) in 2003 under Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 2003 wherein both sections 494 IPC and 498A IPC were added to the list of Compoundable offences u/s 320 Cr.P.C. The sections 494, 495, 496 and 497 IPC were earlier also made Cognizable and non-bailable in Andhra Pradesh by another State Amendment.

So, this made it possible to compromise/settle 498A IPC cases (may be coupled with other offences such as 307, 406, 420, 506 IPC or Sec 3, 4, 6 of DP Act etc.) before Lok Adalat which is empowered to take up Compoundable cases as per sec 19(5) of Legal Services Authority Act 1987. So the parties can make an application to DLSA, MLSA, TLSA, as the case may be, and get their case compromised.

 

 


 

Posted in Legal Procedure | Tagged Catena of Landmark Judgments Referred/Cited to IPC 494 Compoundable Offence in Andhra Pradesh IPC 498A - Husband or relative of husband of a woman subjecting her to cruelty IPC 498A Compoundable Offence in Andhra Pradesh Work-In-Progress Article | 2 Comments

Strategy and Tools to win False IPC498A Case

Posted on April 12, 2018 by ShadesOfKnife

The high-level work flow to win the false IPC498A Case is as follows:

  1. This being a criminal case, get anticipatory bail for the Prime Accused, A1 at the earliest, even though Hon’ble Supreme court has ruled no automatic arrests should be done in matrimonial cases. Read the Landmark judgment here.
    • Read the bail related information here and judgments here.
  2. Once on bail, based on your objectives, you can proceed with any of the below approaches
    • File a Discharge Petition based on Legal grounds in your case and get discharged from case at Magistrate court itself.
      • Read about Discharge Petition here and various discharge judgments here.
    • File a Quash Petition based on Legal grounds in your case and get discharged from case at High court.
      • Read about Quash Petition here and various quash judgments here.
    • Fight the case on merits till the end of trial and emerge victorious as not Guilty. This can drag on for many years. Be aware of this fact.
      • Go here to read various stages of the case trial and how you can safeguard yourself and your family.
    • Yes, there is another way out. Go for Settlement.
      • Read the various aspects of settlement and few high-profile settlement cases and their judgments here.
Posted in Legal Procedure | Tagged CrPC 227 - Discharge CrPC 239 - When accused shall be discharged CrPC 245 - When accused shall be discharged CrPC 482 - Saving of inherent powers of High Court IPC 498A - Husband or relative of husband of a woman subjecting her to cruelty Summary Post Work-In-Progress Article | Leave a comment

Satish Mehra Vs Delhi Administration & Anr on 31 July, 1996

Posted on April 8, 2018 by ShadesOfKnife

Another SC Judgment discharging the accused u/s 227 of Cr.P.C, as there is no ground to proceed to Trial under IPC 498A.

But when the Judge is fairly certain that there is no prospect of the case ending in conviction the valuable time of the Court should not be wasted for holding a trial only for the purpose of formally completing the procedure to pronounce the conclusion on a future date. We are under heavy pressure of work-load. If the Sessions Judge is almost certain that the trial would only be an exercise in futility or a sheer waste of time it is advisable to truncate or ship the proceedings at the stage of Section 227 of the Code itself.

 

Similar situation arise under Section 239 of the Code (which deals with trial of warrant cases on police report). In that situation the Magistrate has to afford the prosecution and the accused an opportunity of being heard besides considering the police report and the documents sent therewith. At these two State the Code enjoins on the Court to give audience to the accused for deciding whether it is necessary to proceed to the next State. It is a matter of exercise of judicial mind. There is nothing in the code which shrinks the scope of such audience to oral arguments. If the accused succeeds in producing any reliable material at that stage which might fatally affect even the very sustainability of the case, it is unjust to suggest that no such material shall be looked into by the Court at that stage. Here the “ground” may be any valid ground including insufficiency of evidence to prove charge.

Sh. Satish Mehra vs Delhi Administration & Anr on 31 July, 1996

Citations: [1

Other Source links:


Index of Discharge Judgments u/s 227 Cr.P.C. is here.


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 227 - Discharged IPC 498a - Not Made Out Satish Mehra Vs Delhi Administration Work-In-Progress Article | Leave a comment

Discharge Judgments u/s 227 Cr.P.C.

Posted on April 8, 2018 by ShadesOfKnife

Here is a list of the Judgments where the accused prayed for discharge u/s 227 Cr.P.C

  1. State Of Bihar vs Ramesh Singh on 2 August, 1977
  2. Union of India Vs Prafulla Kumar Samal and Anr on 6 November, 1978 (Landmark Judgment: )
  3. Sh. Satish Mehra Vs Delhi Administration & Anr on 31 July, 1996
  4. Om Wati and Anr Vs State Thro Delhi Admn and Ors on 19 March 2001 (Landmark Judgment: As there is Prima facie case against Accused, discharging them is not correct)
  5. Dilawar Balu Kurane Vs State Of Maharashtra on 8 January, 2002 (No grave suspicion)
  6. State Of Orissa Vs Debendra Nath Padhi on 29 November, 2004 (SC: No evidence from Defence/Accused during Charge Framing/Discharge Stage)
  7. P.Vijayan Vs State of Kerala and Anr on 27 January, 2010 (No grave suspicion)
  8. Sajjan Kumar Vs C.B.I on 20 September, 2010 (If the evidence which the prosecution proposes to adduce proves the guilt of the accused even if fully accepted before it is challenged in cross-examination or rebutted by the defence evidence, if any, cannot show that the accused committed the offence, then there will be no sufficient ground for proceeding with the trial.)
  9. CBI, Hyderabad Vs K. Narayana Rao on 21 September, 2012
  10. Rajiv Thapar & Ors Vs Madan Lal Kapoor on 23 January, 2013 [Landmark judgment from Justice J.S.Khehar for guidelines to discharge an accused under section 227 of CrPC]
  11. L. Krishna Reddy Vs State on 24 October 2013 [Discharge of parents u/s 227 by HC was upheld by SC]
  12. Ramnaresh & Ors Vs State of M.P. on 14 June, 2016 [During Charge framing, Grave Suspicion Vs Suspicion, based on Prafulla Kumar Samal above]
  13. Sarva Mangala Vs Station House Officer on 4 Jan 2018 [All documents submitted u/s 173(2) have to be perused to see if there is any prima facie case]
  14. Asim Shariff Vs National Investigation Agency on 01 July 2019
  15. M.E. Shivalingamurthy Vs CBI Bengaluru on 7 January 2020 [Governing principles regarding permissibility of defence of accused or documents produced by him, summarized]
  16. Bishop Franco Mulakkal Vs State of Kerala on 07 July 2020 [Discharge dismissal was challenged in Revision at Kerala High Court; Revision got dismissed]

 


Index of Discharge Judgments u/s 239 are here. Index of Quash judgments u/s 482 are here.


MASTER SITEMAP here.


 

Frequently Asked Questions (FAQs) – Discharge Under Section 227 CrPC

Section 227 CrPC allows a court to discharge an accused person if, after examining the case records and hearing both sides, it finds no sufficient ground to proceed with the trial. In such cases, the judge must record reasons and release the accused from the proceedings.

Discharge under Section 227 occurs before the framing of charges in sessions cases. If the court finds that the prosecution materials do not establish a prima facie case, the accused may be discharged instead of being subjected to a full criminal trial.

Courts generally evaluate:

  • The police report and charge sheet
  • Documents submitted during investigation
  • Arguments of both the prosecution and the accused
  • Whether the facts alleged constitute the ingredients of the offence

If the material on record does not show sufficient grounds for trial, discharge may be granted.

No. Discharge does not amount to a finding of innocence. It simply means that the court found insufficient material to proceed with the trial at that stage. A final determination of guilt or innocence happens only after a full trial leading to acquittal or conviction.

The key differences are:

  • Discharge: Occurs before framing of charges due to lack of sufficient evidence.
  • Acquittal: Occurs after a full trial when the court concludes the accused is not guilty.

An acquittal is a final judgment, whereas discharge only terminates proceedings at a preliminary stage.

No. At the discharge stage, courts only conduct a prima facie assessment of the material on record. They do not undertake a detailed examination of evidence or determine guilt. If there is sufficient suspicion or material supporting the offence, the case proceeds to trial.

The accused person in a criminal case may file a discharge application through counsel. The court then considers the application after hearing both the prosecution and the defence.

If the court finds sufficient grounds to proceed, it will reject the discharge application and move to the next stage of the criminal process—framing of charges under Section 228 CrPC.

Yes. Both the accused and the prosecution can challenge discharge orders before a higher court through revision or appeal, depending on the circumstances and applicable provisions.

The primary objective of Section 227 is to prevent unnecessary criminal trials where the evidence is insufficient. It acts as an important safeguard to protect individuals from frivolous or baseless prosecutions and ensures fairness in criminal proceedings.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 227 - Discharge Summary Post Work-In-Progress Article | Leave a comment

State Of Bihar vs Ramesh Singh on 2 August, 1977

Posted on April 8, 2018 by ShadesOfKnife

Here is the Judgment of Supreme Court clearly calling out the principle to be followed u/s 227 of Cr.P.C

“the test is whether there is a sufficient ground for proceeding and not, whether there is a sufficient ground for conviction”

State Of Bihar vs Ramesh Singh on 2 August, 1977

Citations: [2

Other Source links:


Index of Discharge Judgments u/s 227 Cr.P.C. is here.


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 227 - Discharge Legal Procedure Explained - Interpretation of Statutes State Of Bihar vs Ramesh Singh Work-In-Progress Article | Leave a comment

Post navigation

  • Older posts
  • Newer posts

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
andhrafact మన ఆంధ్ర @andhrafact ·
3 Jun

వాడే🃏vs వీడు🧛‍♂️=సిగ్గుమాలిన అపరిచుతుడు

రాష్ట్ర మద్య నీళ్లున్న చోట WASHINGTONకడతా,center ఇవ్వదు అయినా కడతా.నా బుర్రలో వచ్చే ఆలోచనతో కడతా.CBN వల్ల కాదు ఎట్లా చెయ్యాలో ACCENTUREతో 10 సిట్టింగు వేసా,ఇదిగో డిటైల్డ్ plan.రాజధాని RE హంగామాతో 2BILLION$ తెస్తా🧛‍♂️

vs

రాజధాని అంటే ఏంటి?🃏

Reply on Twitter 2062217009140576691 Retweet on Twitter 2062217009140576691 37 Like on Twitter 2062217009140576691 77 X 2062217009140576691
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
narendramodi Narendra Modi @narendramodi ·
3 Jun

Delighted to meet the Chairman of the Rastriya Swatantra Party of Nepal Mr. Rabi Lamichhane. I welcome and fully share his desire to work closely together for a shared and prosperous future.

Nepal is a priority partner under our Neighbourhood First policy and we look forward to

Reply on Twitter 2062085139031810119 Retweet on Twitter 2062085139031810119 4893 Like on Twitter 2062085139031810119 36952 X 2062085139031810119
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
pradip103 Pradeep Bhandari(प्रदीप भंडारी)🇮🇳 @pradip103 ·
12h

CONGRESS ALLOWS SHARIA COMPLIANT GYM IN KERALA!

Congress’ win in Kerala has ensured one thing : IUML gets a free hand and Congress bends itself to the diktats of Muslim League.

Kerala’s so-called ‘Islam-friendly gym’ mandates No music. Gender segregation. Mandatory religious

Reply on Twitter 2062415901740470707 Retweet on Twitter 2062415901740470707 173 Like on Twitter 2062415901740470707 410 X 2062415901740470707
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
ani ANI @ani ·
2 Jun

#WATCH | Maharashtra: The passing out parade at the Combat Army Aviation Training School in Nashik, concluded on an emotional note for a couple as Captain Bharat Bhardwaj proposed marriage to his partner.

Reply on Twitter 2061739907320860704 Retweet on Twitter 2061739907320860704 858 Like on Twitter 2061739907320860704 14162 X 2061739907320860704
Load More

Recent Posts

  • Are Offices of Dowry Prohibition Officers in AP designated as Police Stations? June 3, 2026
  • Pune Bar Association Vs Union of India on 22 May 2026 June 2, 2026
  • Chidurala Shyamsubder Vs State of Telangana on 27 Aug 2018 May 28, 2026
  • Birendra Kumar Tiwari Vs Neetu Tiwari on 07 Dec 2022 May 27, 2026
  • Parvinder Singh Khurana Vs Enforcement of Directorate on 19 May 2026 May 26, 2026

Most Read Posts

  • Reply to Section 41A CrPC Notice – Format with Legal Explanation (4,833 views)
  • Anu Aggarwal Vs Sushant Aggarwal on 20 Jan 2026 (3,365 views)
  • Umme Farva Vs State of U.P. and Anr on 14 Jan 2026 (3,191 views)
  • Charge Sheet and Final Report Explained (2,439 views)
  • Jinesh CR Vs Aswathy PR on 19 Nov 2025 (2,125 views)
  • Geddam Jhansi and Anr Vs State of Telangana and Anr on 07 Feb 2025 (2,091 views)
  • Regular Bail Application Format (Section 437/439 CrPC) (1,999 views)
  • Neha Lal Vs Abhishek Kumar on 20 Jan 2026 (1,877 views)
  • Arrest Procedure in 498A cases after Arnesh Kumar (1,784 views)
  • Discharge Application Format in 498A Case – Draft, Procedure & Sample Template (1,573 views)

Tags

Reportable Judgement or Order (433)2-Judge (Division) Bench Decision (411)Legal Procedure Explained - Interpretation of Statutes (381)Landmark Case (381)1-Judge Bench Decision (361)Catena of Landmark Judgments Referred/Cited to (293)Work-In-Progress Article (215)3-Judge (Full) Bench Decision (101)Sandeep Pamarati (92)Article 21 - Protection of life and personal liberty (80)Issued or Recommended Guidelines or Directions or Protocols to be followed (71)Perjury Under 340 CrPC (66)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (61)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (47)CrPC 482 - Quash (43)HM Act 13 - Divorce Granted to Husband (42)Legal Terrorism (41)Not Authentic copy hence to be replaced (40)Divorce granted on Cruelty ground (40)

Categories

Supreme Court of India Judgment or Order or Notification (752)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (327)High Court of Andhra Pradesh Judgment or Order or Notification (186)High Court of Delhi Judgment or Order or Notification (164)High Court of Bombay Judgment or Order or Notification (112)High Court of Karnataka Judgment or Order or Notification (93)Legal Procedure (73)High Court of Madras Judgment or Order or Notification (70)High Court of Allahabad Judgment or Order or Notification (61)LLB Study Material (58)General Study Material (56)High Court of Punjab & Haryana Judgment or Order or Notification (52)Assorted Court Judgments or Orders or Notifications (50)High Court of Kerala Judgment or Order or Notification (46)Prakasam DV Cases (46)Judicial Activism (for Public Benefit) (45)District or Sessions or Magistrate Court Judgment or Order or Notification (44)High Court of Madhya Pradesh Judgment or Order or Notification (38)High Court of Gujarat Judgment or Order or Notification (28)High Court of Telangana Judgment or Order or Notification (27)

Recent Comments

  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • ShadesOfKnife on Sandeep Pamarati Vs Ungrateful Knife (IPC 498A Case)
  • KONURU VINAYKUMAR on Sandeep Pamarati Vs Ungrateful Knife (IPC 498A Case)
  • ShadesOfKnife on Lifecycle Stages of a Section 498A IPC Case

Archives of SoK

  • June 2026 (2)
  • May 2026 (24)
  • April 2026 (33)
  • March 2026 (42)
  • February 2026 (30)
  • January 2026 (21)
  • December 2025 (2)
  • November 2025 (3)
  • October 2025 (17)
  • September 2025 (12)
  • August 2025 (5)
  • July 2025 (10)
  • June 2025 (15)
  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • Cloudflare Storage Maintenance June 15, 2026
    THIS IS A SCHEDULED EVENT Jun 15, 12:00 - 13:00 UTC May 28, 22:16 UTC Scheduled - Cloudflare has scheduled maintenance for our backend storage systems. Services will continue to operate normally, but customers will be unable to create/delete/modify tunnels, routes, hostname routes, virtual networks, devices and tunnel configurations via the Dashboard or the public […]
  • Cloudflare Storage Maintenance June 4, 2026
    THIS IS A SCHEDULED EVENT Jun 4, 12:00 - 13:00 UTC May 21, 00:41 UTC Scheduled - Cloudflare has scheduled maintenance for our backend storage systems. Services will continue to operate normally, customers will be unable to modify configurations via the Dashboard or the public API for a period of up to 3 minutes. This […]
  • Network Congestion in Frankfurt June 4, 2026
    Jun 4, 06:59 UTC Resolved - Cloudflare observed network congestion in Frankfurt from 05:53 UTC to 06:08 UTC. The issue is now resolved.

RSS List of Spam Server IPs from Project Honeypot

  • 193.193.237.158 | SD June 3, 2026
    Event: Bad Event | Total: 1,352 | First: 2025-11-25 | Last: 2026-06-03
  • 158.94.211.154 | S June 3, 2026
    Event: Bad Event | Total: 987 | First: 2026-01-28 | Last: 2026-06-03
  • 45.164.196.232 | S June 3, 2026
    Event: Bad Event | Total: 5 | First: 2026-06-03 | Last: 2026-06-03
Owned and Operated by Advocate Sandeep Pamarati
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 621 access attempts in the last 7 days.

pixel