Holding

The Supreme Court held that where unimpeachable material such as CCTV footage disproves the participation of the accused and the FIR fails to prima facie disclose any offence, the High Court must exercise its inherent jurisdiction under Section 482 CrPC (Section 528 BNS) to quash the criminal proceedings as an abuse of process.

Summary

The case concerned an FIR registered on 18 October 2022 alleging assault, criminal intimidation and related offences against eight persons, including Sajal Bose, his wife Nabina Bose and Chandidas Joardar. The High Court quashed the proceedings against two co‑accused but refused to grant the same relief to the three appellants, allowing the prosecution to continue. The appellants contended that the FIR and chargesheet did not specifically attribute any overt act to them, that CCTV footage showed they were not present during the alleged assault, and that the case was filed with a malafide motive arising from pre‑existing neighbour disputes. The Supreme Court examined the inherent jurisdiction under Section 482 CrPC (Section 528 BNS) and applied the test laid down in Bhajan Lal and Pradeep Kumar Kesarwani, finding that the material, especially the unimpeachable CCTV evidence, negated a prima facie case and rendered the proceedings an abuse of process. Consequently, the Court set aside the High Court’s order and quashed the charge‑sheet against the three appellants. The appeals were allowed.

Issues considered

Whether the High Court was justified in refusing to quash the criminal proceedings against the appellants despite lack of specific allegations and evidentiary material.
Whether the allegations in the FIR, taken at face value, prima facie constitute any offence against the appellants.
Whether the inherent jurisdiction of the High Court under Section 482 CrPC (Section 528 BNS) can be exercised to quash proceedings where the material, including CCTV footage, discredits the prosecution’s case.
Whether the proceedings are manifestly attended with malafide intent and an ulterior motive, constituting an abuse of process.
Whether the differential treatment of co‑accused by the High Court violates principles of parity.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023s. 528
Code of Criminal Procedure, 1973s. 155(2), s. 156(1), s. 161, s. 164, s. 173(2), s. 428, s. 482
Constitution of Indias. Article 136, s. Article 226
Indian Penal Code, 1860s. 143, s. 323, s. 324, s. 341, s. 354, s. 427, s. 504, s. 506, s. 509

Headnote

Issue for Consideration Issue arose whether the High Court was justified in quashing the proceedings against the two co-accused and declining the similar relief to the remaining accused. Headnotes† Code of Criminal Procedure, 1973 – s.482 – Bharatiya Nagarik Suraksha Sanhita, of FIR – Complaint regarding assault and criminal intimidation – FIR lodged u/ss.143, 341, 323, 324, 504, 506, 509, and 427 IPC – Quashing of proceedings sought – High Court quashed proceedings against two co-accused but denied similar relief to the appellants –

Subjects

Quashing of proceedingsAssaultCriminal intimidationInherent jurisdiction of the High CourtAbsence of specific and distinct overt actPre-existing disputeElectronic evidenceCCTV footagePhysical assaultThreat

Judgment

[2026] 4 S.C.R. 398 : 2026 INSC 322

Sajal Bose
v.
The State of West Bengal and Ors.
(Criminal Appeal No. 1774 of 2026)
06 April 2026
[Vikram Nath, Sandeep Mehta* and N.V. Anjaria, JJ.]

Issue for Consideration
Issue arose whether the High Court was justified in quashing the
proceedings against the two co-accused and declining the similar
relief to the remaining accused.

Headnotes†
Code of Criminal Procedure, 1973 – s.482 – Bharatiya Nagarik
Suraksha Sanhita, 2023 – s.528 – Quashing of FIR – Complaint
regarding assault and criminal intimidation – FIR lodged
u/ss.143, 341, 323, 324, 504, 506, 509, and 427 IPC – Quashing
of proceedings sought – High Court quashed proceedings
against two co-accused but denied similar relief to the
appellants – Correctness:
Held: Upon cumulative consideration of the allegations in the FIR,
the material collected during investigation, and the evidence placed
on record, the present case falls where allegations made in the FIR,
even if taken at their face value, do not prima facie constitute any
offence; the uncontroverted allegations and the material collected
fail to disclose the commission of an offence; and the criminal
proceeding manifestly attended with malafide and instituted with
an ulterior motive for wreaking vengeance – Even if the allegations
in the FIR and the material collected during investigation are taken
at their face value and accepted in their entirety, they do not prima
facie constitute the necessary ingredients of offences alleged
against the appellants – Further, the uncontroverted material
available on record-CCTV footage, completely belies the allegation
of their participation in the alleged offences so as to justify their
being put to trial – Attendant circumstances-admitted pre-existing
disputes between the parties and the absence of specific and
distinct overt acts attributed to the appellants, lend substance to

* Author
[2026] 4 S.C.R. 399

Sajal Bose v. The State of West Bengal and Ors.

their submission that the criminal proceedings manifestly attended
with malafide and have been initiated with an ulterior motive –
Permitting the continuation of prosecution of the appellants would
amount to an abuse of the process of law – Compelling appellant
Nos. 1, 2 and 3 to face a full-fledged criminal trial would serve no
meaningful purpose – Continuation of such proceedings, in face
of total lack of credible material connecting them with the alleged
offences, would amount to misuse of the criminal process – Where
reliable and unimpeachable material demonstrably displaces the
factual basis of the accusations and the prosecution is unable to
effectively counter the same, the Court would be justified in invoking
its inherent jurisdiction to prevent injustice – Such an approach not
only accords justice to the accused but also obviates the wastage
of precious judicial time on proceedings which, on the admitted
material, do not hold a reasonable prospect of culminating in
conviction – Impugned judgment and order cannot be sustained
in law and is set aside. [Paras 31, 34, 35]
Code of Criminal Procedure, 1973 – s.428 – Bharatiya Nagarik
Suraksha Sanhita, 2023 – s.528 – Inherent Jurisdiction of the
High Court – Scope and ambit of – Discussed. [Paras 22, 23]

Case Law Cited
State of Haryana v. Bhajan Lal [1990] Supp. 3 SCR 259 : (1992)
Supp. 1 SCC 335; Pradeep Kumar Kesarwani v. State of Uttar
Pradesh, 2025 SCC OnLine SC 1947 – relied on.

List of Acts
Penal Code, 1860; Code of Criminal Procedure, 1973; Bharatiya
Nagarik Suraksha Sanhita, 2023; Constitution of India.

List of Keywords
Quashing of proceedings; Assault; Criminal intimidation; Inherent
jurisdiction of the High Court; Absence of specific and distinct
overt act; Pre-existing dispute; Electronic evidence; CCTV footage;
Physical assault; Threat.

Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
1774 of 2026
400 [2026] 4 S.C.R.

Supreme Court Reports

From the Judgment and Order dated 08.03.2024 of the High Court
at Calcutta in CRR No. 1476 of 2023.
With
Criminal Appeal No(s). 1775 and 1776 of 2026.

Appearances for Parties
Advs. for the Appellant(s):
Gaurav Agarwal, Sr. Adv., Sandeep Kumar Mahapatra,
Ms. Mrinmayee Sahu, Sugam Kumar Jha, Sreedas Kp, Diwakar
Maheshwari, Karun Mehta, Shounak Mitra, Ms. Pratiksha Mishra,
Shreyash Edupuganti, Ms. Kaarunya Lakshmi, M/s Khaitan & Co.
Advs. for the Respondent(s):
Siddhart Luthra, Sr. Adv., Kunal Chatterji, Ms. Maitrayee Banerjee,
Rohit Bansal, Varij Nayan Mishra, Ms. Shraddha Chirania, Kunal
Mimani, Ms. Anwesha Saha, Mohd Zahid Hussain, Salim Ansari,
Nitish Shani, Vipin Nair, Aditya Narendranath, P B Sashaankh,
Haresh Nair, Ms. M.b.ramya, Ms. Deeksha Gupta, Ms. Puspita
Basak, Ms. Madhavi Yadav, Ms. Tejasvi Kumar Sharma,
Ms. Vanshaja Shukla, Siddhant Yadav.

Judgment / Order of the Supreme Court

Judgment

Mehta, J.

1. Heard.
2. Leave granted.
3. The instant appeals by special leave arise out of common impugned
judgment and order dated 8th March, 2024 passed by High Court
at Calcutta1 in Criminal Revision No. 1476 of 2023, filed on behalf
of Sajal Bose2 and Nabina Bose (Wife of Sajal Bose), and Criminal
Revision No. 2305 of 2023 filed on behalf of Chandidas Joardar3,

1 Hereinafter, being referred to as “High Court”.
2 Appellant in Criminal Appeal @ Special Leave Petition (Criminal) No. 8672 of 2024. Hereinafter, being
referred to as “appellant No.1”.
3 Appellant in Criminal Appeal @ Special Leave Petition (Criminal) No. 8721 of 2024. Hereinafter, being
referred to as “appellant No.2”.
[2026] 4 S.C.R. 401

Sajal Bose v. The State of West Bengal and Ors.

Sautrik Joardar4 (Son of Chandidas Joardar) and Pampa Joardar
(Wife of Chandidas Joardar), whereby the said accused persons
sought quashing of chargesheet filed under Sections 143, 341, 323,
324, 504, 506, 509, 427 and 354 of the Indian Penal Code, 18605,
arising out of FIR No. 150 of 2022 registered at Police Station
Survey Park in connection with ACGR No. 4659 of 2022, pending
before the learned Additional Chief Judicial Magistrate, South 24
Parganas at Alipore.
4. Vide the impugned judgment, the High Court quashed the proceedings
insofar as Nabina Bose and Pampa Joardar are concerned. However,
it declined to grant similar relief to the remaining accused, namely
appellant Nos. 1, 2 and 36, and permitted the proceedings against
them to continue.

Brief Facts: -
5. Succinctly stated, the material facts necessary for the adjudication
of the present appeals are as follows.
6. On the night of 11th October, 2022 at about 09:20 p.m., Sushil
Chakrabarti, respondent No. 2 herein7, lodged a written complaint
at Police Station Survey Park, alleging inter alia that one, Sourav
Sen had forcibly entered the apartment building by breaking open
the main entrance door, which, according to him, had already been
damaged earlier. Upon being questioned as to why the door had been
left open, Sourav Sen responded by hurling filthy and objectionable
abuses at the complainant and his family members. It was further
alleged that his parents soon joined him, thereby exacerbating the
situation.
7. The complainant further alleged that when he attempted to lock
the door of his flat, as valuables in connection with Lakshmi Puja
were kept inside, another altercation ensued concerning a scooter
purportedly parked near the electric meter boxes, despite prior
instructions of the local police to remove the same. According to the

4 Appellant in Criminal Appeal @ Special Leave Petition (Criminal) No. 9826 of 2024. Hereinafter, being
referred to as “appellant No.3”.
5 For short, “IPC”.
6 Collectively, they are being referred to as “appellants”.
7 Hereinafter, being referred to as “Complainant”.
402 [2026] 4 S.C.R.

Supreme Court Reports

complainant, the situation thereafter escalated and several persons
assembled at the spot.
8. It was alleged that, in course of the altercation, the accused persons,
manhandled the complainant with an intention to cause injury,
including blows directed towards his pacemaker, and also assaulted
his family members. It was further alleged that the accused persons
slapped and kicked the complainant, threw sandals at him, and used
a lathi during the incident. They were also accused of attempting
to forcibly enter the flat with the intention of ransacking it, and of
issuing threats of dire consequences. The complainant alleged
that appellant No.1 and his wife had extended threats during the
incident, which, according to him, would find corroboration from the
CCTV footage.
9. The complainant also levelled allegations against appellant Nos. 2
and 3, stating that they came downstairs while the incident was in
progress and threatened the complainant and his family members,
and insinuated that they should vacate the flat. The complaint
also adverted to prior disputes between the parties concerning
maintenance charges, alleged misappropriation of gold ornaments,
and earlier complaints purportedly lodged before the local police
authorities.
10. It was further stated that although a written complaint was submitted
on the same night, it was kept in abeyance on the directions of the
then duty officer. The complainant thereafter approached the police
on 17th October, 2022, seeking lifting of the abeyance order and
requested that the complaint be treated as a First Information Report,
asserting that the alleged assault could have had fatal consequences.
Pursuant thereto, FIR No. 150 of 2022 dated 18th October, 2022,
came to be registered at Police Station Survey Park under Sections
143, 341, 323, 324, 504, 506, 509, and 427 of the IPC against 8
accused persons including the appellants.
11. Investigation was undertaken and upon its culmination, Chargesheet
No. 135 of 2022 dated 16th December, 2022 came to be filed under
Sections 143, 341, 323, 324, 504, 506, 509, 427 and 354 of the IPC
against eight accused persons including the appellants herein. The
learned Additional Chief Judicial Magistrate, South 24 Parganas at
Alipore, took cognizance of the chargesheet and issued summon to
all the accused persons, including the appellants.
[2026] 4 S.C.R. 403

Sajal Bose v. The State of West Bengal and Ors.

12. The complainant filed a protest petition contending that the
Investigating Officer had deliberately omitted to invoke Section 307
IPC, in order to save the accused persons though there existed
sufficient material on record, to make out a case of attempt to murder.
13. Being aggrieved, appellant No.1 along with Nabina Bose preferred
Criminal Revision No. 1476 of 2023 and appellant Nos.2 and 3
along with Pampa Joardar preferred Criminal Revision No. 2305 of
2023 before the High Court, seeking quashing of the proceedings
being ACGR No. 4659 of 2022 arising out of FIR No. 150 of 2022
registered at Police Station Survey Park.
14. As noted hereinabove, the High Court, vide common impugned
judgment and order dated 8th March, 2024 quashed the proceedings
insofar as Nabina Bose and Pampa Joardar were concerned.
However, it declined to extend similar relief to the remaining accused,
i.e., the appellants herein, and permitted the proceedings against
them to continue.
15. The correctness and legality of the said common impugned judgment
and order passed by the High Court falls for consideration in the
present appeals by special leave at the instance of the appellants.
16. At the outset, it may be noted that while issuing notice in the present
appeals, this Court had stayed further proceedings in the trial insofar
as the appellants are concerned, and the said interim order continued
to operate during the pendency of the present proceedings.8
17. It is further apposite to note that when the matter came up for hearing
before this Court on 3rd February, 2026, we had requested the learned
senior counsel appearing on behalf of the appellants as well as the
learned senior counsel appearing for the complainant, to explore the
possibility of an amicable settlement between the parties. However,
when the matter was again taken up on 17th February, 2026, learned
senior counsel appearing for the respective parties apprised the
Court that the parties were not amenable to an amicable resolution.
In view thereof, we proceeded to hear the learned counsel for the
parties on merits.

8 Order dated 15th July, 2024 in Special Leave Petition (Criminal) Nos. 8672 and 8721 of 2024 and order
dated 22nd July, 2024 in Special Leave Petition (Criminal) No. 9826 of 2024.
404 [2026] 4 S.C.R.

Supreme Court Reports

Submissions on behalf of the appellants:
18. Mr. Gaurav Agarwal, learned senior counsel appearing on behalf of
the appellants, assailed the impugned judgment of the High Court,
inter alia, on the following grounds:
A. That the High Court failed to appreciate that the proceedings
against the appellants were actuated with mala fide objective
and were maliciously instituted by the complainant with the
ulterior motive of wreaking vengeance on account of personal
animosity and prior disputes between the parties. It was
submitted that the appellants acting as good Samaritans had,
in fact, intervened only to resolve the dispute which had flared
up between the complainant and another flat owner, and only
for that reason, they have been falsely implicated in this case.
The initiation and continuation of the proceedings, it was urged,
tantamounts to an abuse of the process of law.
B. That the allegations in the FIR, even if taken at face value
and read in their entirety, do not prima facie disclose the
commission of any cognizable offence against the appellants.
The complaint and the protest petition are replete with vague
and general assertions, without any specific attribution of role
to the appellants in respect of the offences alleged under
Sections 143, 341, 323, 324, 504, 506, 509, 427 and 354 of
the IPC. In the absence of clear particulars regarding the overt
acts attributable to the particular accused, the continuation of
criminal proceedings is legally unsustainable.
C. That the High Court failed to duly consider the specific submission
advanced on behalf of the appellants that the CCTV footage
of the place of occurrence, which formed part of the material
collected during investigation, clearly demonstrated that the
appellants were not present at the spot at the time when the
alleged altercation is stated to have taken place. They reached
the scene later and tried to pacify the parties at best. It was
contended that the said electronic evidence, being the best and
unimpeachable piece of independent evidence available on
record, completely belies the allegations of their participation in
the incident. Despite this, the Investigating Agency proceeded to
file the chargesheet in a mechanical manner without undertaking
a proper and fair evaluation of the CCTV footage, which was
[2026] 4 S.C.R. 405

Sajal Bose v. The State of West Bengal and Ors.

heavily relied upon by the complainant himself. It was urged
that the High Court, while declining to quash the proceedings,
failed to examine this crucial aspect, and thereby overlooked
material which goes to the very root of the prosecution case
against the appellants, thereby totally undermining its credibility.
D. That the High Court erred in not extending the benefit to the
appellants while quashing the proceedings against similarly
placed co-accused persons, despite the allegations against all
being identical. It was contended that the differential treatment
accorded by the High Court, without assigning cogent reasons,
violates the principle of parity and renders the impugned decision
arbitrary.
E. That the reliance placed on the statement of Dr. Aparajita
Bandyopadhyay recorded under Section 164 Code of Criminal
Procedure, 19739, was misplaced, as the said statement was
inconsistent with her earlier statement recorded under Section
161 of CrPC, thereby casting serious doubt on its reliability. It
was further submitted that even as per the said statement, the
allegation of inappropriate touching was attributed to another
individual, and not specifically to the present appellants.
Consequently, the invocation of Section 354 IPC against them
is wholly untenable, particularly when the original complaint is
silent in that regard.
F. That the chargesheet itself is liable to be quashed, as it has
been filed in a mechanical and perfunctory manner, without
specifying the precise role played by the appellants or the
material evidence constituting the alleged offences. It was urged
that the chargesheet does not clearly delineate the particular
criminal act/s attributable to the accused, in contravention of
the settled legal position that the role of each accused must
be separately and clearly mentioned as the provisions of
vicarious liability would have no application in the given facts
and circumstances.
G. That the High Court failed to appreciate that the continuation
of criminal proceedings against the appellants would amount to

9 For short, “CrPC”.
406 [2026] 4 S.C.R.

Supreme Court Reports

a sheer abuse of the process of law, inasmuch as the dispute
between the parties is essentially of civil nature arising out of
disagreements between co-residents of the same apartment
complex. It was submitted that the allegations, even if accepted
at their face value, disclose at best a trivial tussle between
neighbours lacking the essential ingredients of the serious penal
offences invoked in the chargesheet. The invocation of multiple
penal provisions, including Section 354 IPC, in the absence
of specific and substantiated allegations, reflects a manifest
attempt to give criminal colour to a trivial dispute followed by
verbal altercation amongst neighbours. In such circumstances,
compelling the appellants to undergo the rigours of a criminal
trial would be wholly unjustified and contrary to the settled
principles governing the exercise of jurisdiction under Section
482 CrPC (Section 528 of Bharatiya Nagarik Suraksha Sanhita,
2023) to prevent misuse of the criminal process.
On the aforesaid grounds, learned senior counsel submitted
that the impugned judgment of the High Court, insofar as it
refused to quash the proceedings against the appellants, is
unsustainable in law. It was urged that the allegations are
vague, unsupported by specific material, and the continued
prosecution of the appellants tantamounts to a gross abuse of
the process of law. Accordingly, it was prayed that this Court
be pleased to set aside the impugned judgment to that extent
and quash the criminal proceedings being ACGR No. 4659 of
2022 and Chargesheet No. 135 of 2022 arising out of FIR No.
150 of 2022 registered at Police Station Survey Park qua the
appellants.

Submissions on behalf of Complainant (respondent No.2):
19. Mr. Siddharth Luthra, learned senior counsel appearing on behalf
of respondent-complainant, supported the impugned judgment and
contended that the same warrants no interference by this Court,
inter alia, on the following grounds: -
A. That the High Court has exercised its jurisdiction judiciously
and upon a proper appreciation of the material collected during
investigation, and rightly refused to quash the chargesheet
insofar as the appellants are concerned. It was submitted that
the instant appeals do not raise any substantial questions of
[2026] 4 S.C.R. 407

Sajal Bose v. The State of West Bengal and Ors.

law, nor does it demonstrate any perversity or patent illegality
in the impugned judgment so as to warrant interference.
B. That the complainant is a 77 years’ old former Public Prosecutor
at District and Sessions Judge, Alipore and presently a practicing
advocate, suffering from syncope and having a pacemaker
installed in his chest. It was submitted that on 11th October,
2022 at about 9:20 p.m., all the accused persons formed an
unlawful assembly and, in furtherance of the common object
of such assembly, they abused and assaulted the complainant
and his family members at Flat No. 2, Ground Floor, 13/10/1,
Janata Road, Kanishka Apartment with slaps, kicks, sandals and
lathis. The accused persons also damaged the main door of the
apartment complex and threatened them with dire consequences.
C. That the statement of witness, Dr. Aparajita Bandopadhyay
recorded under Section 164 of CrPC specifically mentions the
names of the appellants setting out the overt acts attributed to
them, including restraining the complainant, throwing chappal
aimed at his pacemaker, igniting a lighter allegedly to burn him,
and participating in the assault. These specific allegations, it
was urged, clearly disclose the ingredients of offences under
Sections 143, 341, 323, 324, 504, 506 and 354 IPC, thereby
making out a prima facie case fit for trial.
D. That during investigation, the CCTV footage of the entire
incident dated 11th October, 2022 was collected and the same
forms part of the chargesheet. The CCTV clipping establishes
conclusively the active involvement and participation of the
appellants in hurling abuses, issuing threats, throwing a shoe
aimed at the pacemaker of the complainant, and assaulting the
victim lady. It was contended that the electronic evidence thus
corroborates the ocular version and lends strong prima facie
support to the prosecution case.
E. That the medical records of the complainant and Dr. Aparajita
Bandopadhyay dated 12th October, 2022 prima facie establish
that both sustained injuries in the incident. The High Court itself
observed that the medical report of Dr. Aparajita Bandopadhyay
shows that she had been assaulted. In view of such medical
evidence, the offences under Sections 323 and 324 IPC are
clearly attracted and cannot be said to be groundless.
408 [2026] 4 S.C.R.

Supreme Court Reports

F. That although the High Court quashed the proceedings against
certain co-accused for want of specific allegations, it consciously
declined to extend such relief to the appellants in view of the
distinct and specific role attributed to them in the FIR, the
protest petition and the statements of witnesses recorded under
Sections 161 and 164 of CrPC. Such segregation made by the
High Court is based on material on record and sound reasoning
and, therefore, does not call for interference.
On these grounds, learned senior counsel submitted that the
impugned judgment of the High Court is well-founded in law
as well as facts, and that the present appeals, being devoid
of merit, deserve to be dismissed, leaving the issues to be
adjudicated after a full dressed trial.

Submissions on behalf of State of West Bengal (respondent
No.1):
20. The learned counsel appearing on behalf of the State of West Bengal
submitted that the investigation was conducted strictly in accordance
with law and that specific and clear roles have been attributed to
the appellants in the commission of the alleged offences. It was
contended that the complainant had consistently named the accused
persons including the appellants in the FIR and in his statements
recorded under Sections 161 and 164 of CrPC. The CCTV footage
seized during investigation, along with medical records and other
documentary material, prima facie establishes their presence and
participation in the occurrence in question. It was further urged
that the chargesheet was filed only upon due consideration of the
evidence collected, disclosing cognizable offences, and that the
questions sought to be raised by the appellants revolve around
disputed factual aspects which can be adjudicated only upon trial.
The State, therefore, supported the impugned judgment of the High
Court to the extent it declined to quash the proceedings against the
appellants and submitted that no case for interference under Article
136 of the Constitution of India is made out.

Analysis and Discussion:
21. We have heard and considered the submissions advanced by learned
counsel for the parties and have carefully gone through the impugned
judgment as well as the material placed on record.
[2026] 4 S.C.R. 409

Sajal Bose v. The State of West Bengal and Ors.

22. Before we advert to the rival submissions advanced on behalf of
the parties and examine the factual matrix of the present case, it
would be apposite to briefly recapitulate the scope and ambit of the
inherent jurisdiction vested in the High Court under Section 482 of
CrPC (Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023).
The parameters governing the exercise of such power, particularly
in matters concerning quashing of criminal proceedings, have been
authoritatively expounded by this Court in a catena of decisions,
most notably in State of Haryana v. Bhajan Lal10, wherein this
Court elaborately considered the extent and scope of the High
Court’s powers under Section 482 of CrPC and Article 226 of the
Constitution of India. In paragraph 102 of the said judgment, this
Court illustratively delineated seven categories of cases wherein
such extraordinary jurisdiction may be invoked to prevent abuse
of the process of law or otherwise to secure the ends of justice.
For ready reference, the relevant extract from the said judgment is
reproduced hereinbelow: -
“102. In the backdrop of the interpretation of the various
relevant provisions of the Code under Chapter XIV and of
the principles of law enunciated by this Court in a series of
decisions relating to the exercise of the extraordinary power
under Article 226 or the inherent powers under Section
482 of the Code which we have extracted and reproduced
above, we have given the following categories of cases by
way of illustration wherein such power could be exercised
either to prevent abuse of the process of any court or
otherwise to secure the ends of justice, though it may not
be possible to lay down any precise, clearly defined and
sufficiently channelised and inflexible guidelines or rigid
formulae and to give an exhaustive list of myriad kinds of
cases wherein such power should be exercised.
(1) Where the allegations made in the first information
report or the complaint, even if they are taken at their
face value and accepted in their entirety do not prima
facie constitute any offence or make out a case against
the accused.

10 1992 Supp (1) SCC 335.
410 [2026] 4 S.C.R.

Supreme Court Reports

(2) Where the allegations in the first information report
and other materials, if any, accompanying the FIR do not
disclose a cognizable offence, justifying an investigation
by police officers under Section 156(1) of the Code except
under an order of a Magistrate within the purview of Section
155(2) of the Code.
(3) Where the uncontroverted allegations made in the
FIR or complaint and the evidence collected in support
of the same do not disclose the commission of any
offence and make out a case against the accused.
(4) Where, the allegations in the FIR do not constitute a
cognizable offence but constitute only a non-cognizable
offence, no investigation is permitted by a police officer
without an order of a Magistrate as contemplated under
Section 155(2) of the Code.
(5) Where the allegations made in the FIR or complaint
are so absurd and inherently improbable on the basis of
which no prudent person can ever reach a just conclusion
that there is sufficient ground for proceeding against the
accused.
(6) Where there is an express legal bar engrafted in any
of the provisions of the Code or the concerned Act (under
which a criminal proceeding is instituted) to the institution
and continuance of the proceedings and/or where there
is a specific provision in the Code or the concerned Act,
providing efficacious redress for the grievance of the
aggrieved party.
(7) Where a criminal proceeding is manifestly
attended with mala fide and/or where the proceeding
is maliciously instituted with an ulterior motive for
wreaking vengeance on the accused and with a view
to spite him due to private and personal grudge.”
[Emphasis supplied]

23. Keeping in view the aforesaid principles, it is evident that the inherent
jurisdiction of the High Court under Section 482 of CrPC is intended to
be exercised, inter alia, where the allegations made in the FIR, even
[2026] 4 S.C.R. 411

Sajal Bose v. The State of West Bengal and Ors.

if taken at their face value, do not prima facie constitute any offence,
or where the uncontroverted allegations and the material collected
fail to disclose the commission of an offence, or where the criminal
proceeding is manifestly attended with malafide and instituted with an
ulterior motive for wreaking vengeance. The categories illustratively
enumerated in paragraph 102 of Bhajan Lal (supra) serve as guiding
principles to prevent abuse of the process of law and to secure the
ends of justice. Tested on the anvil of these settled parameters,
it becomes necessary to examine whether the allegations in the
present case, read as they stand along with the material on record
including the CCTV footage, disclose the essential ingredients of the
offences alleged against the appellants, or whether the continuation
of proceedings qua them would amount to permitting the criminal
process to be used as an instrument of harassment.
24. A perusal of the impugned FIR dated 18th October, 2022 and the
material placed on record, reveals that the incident has its genesis in
a dispute between the complainant and one Sourav Sen concerning
the main entrance of the apartment complex and the alleged parking
of a scooter near the electric meter boxes. It is alleged that, upon
being questioned in this regard by the complainant, Sourav Sen
began hurling abuses and that his parents soon joined in, following
which the situation escalated and several persons assembled at
the spot. The FIR further narrates allegations of assault by accused
persons, including slapping, kicking, throwing sandals, use of a
lathi, and attempts to forcibly enter the flat, coupled with threats of
dire consequences. It must, however, be noted that the FIR does
not clearly specify as to which particular accused person actually
assaulted the complainant and his wife. The allegations of physical
assault are couched in vague terms without distinct attribution of
specific overt acts to individual accused persons.
25. Insofar as the appellants are concerned, the FIR records that they
came downstairs during the course of the incident and allegedly
extended threats to the complainant and his family members,
including asking them to vacate the flat. The gravamen of the
allegations against them, as reflected in the FIR, is thus predicated
on assertions of intimidation and verbal threats purportedly issued
during the altercation. Significantly, the FIR does not attribute to the
appellants any specific overt act of physical assault, use of force,
or of causing injury.
412 [2026] 4 S.C.R.

Supreme Court Reports

26. During the course of hearing, learned senior counsel appearing for
both sides placed considerable reliance upon the CCTV footage
of the incident in support of their respective submissions. At their
request, the relevant footage, forming part of the material collected
during investigation, was viewed by us. Since both sides sought to
draw inferences from the electronic record, we deemed it appropriate
to minutely appreciate the footage firsthand.
27. Upon a careful and comprehensive examination of the said footage,
it emerges that the appellants are not visible at the scene during the
relevant time when the alleged acts of assault are stated to have
taken place. The recording indicates that the altercation between the
complainant and certain other individuals had already taken place
prior to the arrival of the appellants at the scene. The footage further
demonstrates that the appellants appear only subsequently and are
not shown to be engaging in any act of aggression or participating in
the active altercation. On the contrary, the visual recording indicates
that the appellants made efforts to placate the situation and to
dissuade the participants from further escalation of the dispute. The
gestures attributed to the appellants are demonstrative of restraint
rather than of participation in any act of violence. At no point does
the footage depict the appellants committing any overt act of assault
or aggression against the complainant or his wife. The absence of
even the slightest visible act of assault attributable to the appellants
in the CCTV footage assumes particular significance in view of their
contention that the allegations in the FIR were manifestly attended
with malafide and that their names were vindictively introduced in
the FIR by the complainant with an ulterior motive arising out of prior
personal disputes and animosity. The CCTV footage admitted by
the parties and forming a part of the report under Section 173(2) of
CrPC, therefore, materially undermines the prosecution’s case and
renders the allegations against the appellants highly doubtful and
unworthy of credence even at the stage of quashing petition.
28. In our considered opinion, the specific plea raised by the appellants
in their petition seeking quashing of the proceedings, particularly
with regard to the CCTV footage forming part of the chargesheet,
merited due and independent consideration by the High Court. The
said electronic evidence constituted a material piece of evidence
collected during investigation and was directly relevant to the issue as
to whether a prima facie case was made out against the appellants.
[2026] 4 S.C.R. 413

Sajal Bose v. The State of West Bengal and Ors.

However, a perusal of the impugned judgment does not reflect any
meaningful analysis of the said footage or the contentions advanced
on the basis thereof. The omission to advert to and evaluate this
crucial aspect indicates that the matter was not examined with the
degree of scrutiny warranted in proceedings under Section 482 of
CrPC.
29. We are further constrained to note that by the very same impugned
judgment, and on the basis of the same set of allegations arising
out of the same FIR and chargesheet, the High Court proceeded
to quash the criminal proceedings against two of the co-accused,
while declining similar relief to the appellants. The impugned
judgment does not disclose any cogent or discernible reasoning for
drawing such a distinction, particularly when the allegations stem
from a common incident and are founded on substantially similar
assertions. In the absence of a clear rationale justifying differential
treatment, the approach adopted by the High Court is legally and
factually unsustainable.
30. It is further relevant to note that Dr. Aparajita Bandopadhyay (family
member of the complainant), in her statement recorded under Section
164 CrPC, has also made omnibus allegations of assault without
assigning specific roles to the accused persons. Though it is stated
therein that appellant No. 2 had ignited a lighter with the intention
to burn her father, the said allegation stands completely dislodged
by the CCTV footage, wherein no such act is discernible. Apart from
the said assertion, no distinct overt act has been attributed to any
of the appellants before us. In our view, reliance placed on the said
statement, in the absence of corroborative material and in the face of
contrary electronic evidence collected during investigation, is wholly
misplaced. Rather than strengthening the case of the complainant,
the said statement fortifies the submission of the appellants that the
complaint is replete with vague and generalized allegations lacking
specific attribution.
31. In view of the foregoing discussion and upon a cumulative
consideration of the allegations in the FIR, the material collected
during investigation, and the evidence placed before us, we are of
the considered opinion that the present case falls squarely within the
illustrative categories (1), (3) and (7) enumerated in paragraph 102
of Bhajan Lal (supra). Even if the allegations in the FIR and the
414 [2026] 4 S.C.R.

Supreme Court Reports

material collected during investigation are taken at their face value
and accepted in their entirety, they do not prima facie constitute the
necessary ingredients of offences alleged against the appellants.
Further, the uncontroverted material available on record, to be
specific, the CCTV footage, completely belies the allegation of their
participation in the alleged offences so as to justify their being put
to trial. Additionally, the attendant circumstances, particularly the
admitted pre-existing disputes between the parties and the absence
of specific and distinct overt acts attributed to the appellants, lend
substance to their contention that the criminal proceedings are
manifestly attended with malafide and have been initiated with an
ulterior motive. In such circumstances, permitting the continuation
of prosecution of the appellants would not advance the cause of
justice but would instead amount to an abuse of the process of law.
32. Recently, this Court in Pradeep Kumar Kesarwani v. State of Uttar
Pradesh11, revisited and further elucidated the parameters governing
the exercise of inherent jurisdiction under Section 482 of CrPC. While
drawing guidance from earlier precedents, this Court delineated
a structured four-step test to assess the sustainability of a prayer
for quashing criminal proceedings. The said decision underscores
that where the material relied upon by the accused is of sterling
and impeccable quality; is sufficient to negate the allegations in the
complaint; remains unrefuted or incapable of justifiable refutation by
the prosecution; and where continuation of the proceedings would
amount to an abuse of the process of Court and not serve the ends
of justice, the High Court would be justified in exercising its inherent
powers to quash the proceedings. For ready reference, the relevant
observations from the said judgment are reproduced hereinbelow: -
“20. The following steps should ordinarily determine
the veracity of a prayer for quashing, raised by an
accused by invoking the power vested in the High
Court under Section 482 of the Cr.P.C.: —
(i) Step one, whether the material relied upon by the
accused is sound, reasonable, and indubitable, i.e.,
the materials is of sterling and impeccable quality?

11 2025 SCC OnLine SC 1947.
[2026] 4 S.C.R. 415

Sajal Bose v. The State of West Bengal and Ors.

(ii) Step two, whether the material relied upon by the
accused, would rule out the assertions contained in the
charges levelled against the accused, i.e., the material
is sufficient to reject and overrule the factual assertions
contained in the complaint, i.e., the material is such, as
would persuade a reasonable person to dismiss and
condemn the factual basis of the accusations as false.
(iii) Step three, whether the material relied upon by
the accused, has not been refuted by the prosecution/
complainant; and/or the material is such, that it cannot
be justifiably refuted by the prosecution/complainant?
(iv) Step four, whether proceeding with the trial would
result in an abuse of process of the court, and would
not serve the ends of justice?
If the answer to all the steps is in the affirmative,
judicial conscience of the High Court should persuade
it to quash such criminal proceedings, in exercise of
power vested in it under Section 482 of the Cr.P.C. Such
exercise of power, besides doing justice to the accused,
would save precious court time, which would otherwise
be wasted in holding such a trial (as well as, proceedings
arising therefrom) specially when, it is clear that the same
would not conclude in the conviction of the accused. [(See:
Rajiv Thapar v. Madan Lal Kapoor (Criminal Appeal No.
174 of 2013)]”
[Emphasis supplied]

33. Applying the aforesaid ratio to the case at hand, we find that the
material relied upon by the appellants in the present case, particularly
the CCTV footage forming part of the chargesheet, is of unimpeachable
provenance and reliability, having been collected during investigation
and forming part of prosecution’s own record. The footage, which was
heavily relied upon by both the sides during the course of arguments,
upon careful scrutiny, does not depict the appellants participating
in any act of assault or overt aggression, thereby substantially
dislodging the factual foundation of the allegations against them.
The said material stands unrefuted in any meaningful manner and
is of such character that it cannot be lightly brushed aside even at
416 [2026] 4 S.C.R.

Supreme Court Reports

the stage when the Court is considering a prayer for quashing the
proceedings of the criminal case at its inception.
34. In this backdrop, compelling appellant Nos. 1, 2 and 3 to face a
full-fledged criminal trial would serve no meaningful purpose. The
continuation of such proceedings, in face of total lack of credible
material connecting them with the alleged offences, would amount to
misuse of the criminal process. The present case, therefore, satisfies
each of the parameters delineated in Pradeep Kumar Kesarwani
(supra). Where reliable and unimpeachable material demonstrably
displaces the factual basis of the accusations and the prosecution is
unable to effectively counter the same, the Court would be justified
in invoking its inherent jurisdiction to prevent injustice. Such an
approach not only accords justice to the accused but also obviates
the wastage of precious judicial time on proceedings which, on the
admitted material, do not hold a reasonable prospect of culminating
in conviction.
35. As a sequitur to the foregoing discussion, we are of the considered
opinion that the impugned judgment and order dated 8th March, 2024
passed by the High Court cannot be sustained in law and the same
deserves to be and is hereby set aside. The appeals preferred by
appellant Nos. 1, 2 and 3 are accordingly allowed.
36. Consequently, Charge Sheet No. 135 of 2022, filed under Sections
143, 341, 323, 324, 504, 506, 509, 427 and 354 of the Indian Penal
Code, 1860, arising out of FIR No. 150 of 2022 registered at Police
Station Survey Park and pending in ACGR No. 4659 of 2022 before
the learned Additional Chief Judicial Magistrate, South 24 Parganas
at Alipore, insofar as it relates to appellant Nos. 1, 2 and 3, stand
quashed.
37. Pending application(s), if any, shall stand disposed of.

Result of the case: Appeals allowed.

†
Headnotes prepared by: Nidhi Jain