QuorumJustice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah
Facts:
This case revolves around a husband and wife who challenged the Calcutta High Court's dismissal of their criminal revisions. The couple was caught up in two FIRs at Bhowanipur Police Station in Kolkata. The first (179/2010) came directly from a complainant named Keyur Majumder, while the second (298/2011) emerged when a Magistrate directed police to register an FIR based on Supriti Bandopadhyay's complaint. Both FIRs painted a similar picture - allegations of forgery, fraud, cheating, and conspiracy. The couple had filed six revisions before the Calcutta High Court, challenging various aspects of the proceedings, but found no relief there.
Issues:
At the heart of the couple's appeal was their claim that both FIRs were false and motivated. But their main legal argument was more technical - they contended that the second FIR was invalid because the original complaint to the Magistrate wasn't backed by an affidavit. They hung their hopes on the Supreme Court's 2015 Priyanka Srivastava judgment, which required such affidavits. The couple insisted this requirement should apply to their 2010-2011 case despite predating the judgment, arguing that Supreme Court rulings work backwards in time unless explicitly stated otherwise.
Judgment:
The Supreme Court wasn't convinced. While acknowledging that judicial interpretations typically apply retrospectively, the judges pointed to the specific language in Priyanka Srivastava - "a stage has come in this country" - as a clear signal that the Court was setting a new standard going forward, not invalidating past procedures. The Court emphasized that the affidavit requirement was introduced to curb the growing problem of frivolous complaints, not to upend cases already in motion. The appeals were dismissed, though the Court did throw the couple a lifeline, noting they could still apply for discharge if the trial court hadn't yet framed charges. In essence, the Court struck a balance between procedural integrity and practical justice.
Avi Sahai
