ANIRUDDHA KHANWALKAR versus SHARMILA DAS & OTHERS

ANIRUDDHA KHANWALKAR versus SHARMILA DAS & OTHERS

The High Court and the Sessions Court erred in setting aside the magistrate's summoning order because, on the pleaded facts and the evidence led prior to summoning, a prima facie case under Section 420 read with Section 120-B IPC was made out; summoning requires only a prima facie view and not trial-level findings.

Parties
Appellant/complainant: Aniruddha Khanwalkar; Respondent No.1/accused: Sharmila Das; Respondent No.2/accused: Usharani Das; Respondent No.3/accused: Sangita
Jurisdiction
India
Judgment Date
26 April 2024
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court Judgment and Order Dated 26 April 2024
Outcome
Appeal allowed
Legal Topics
Issuance of Process, Prima Facie, Pre Summoning Evidence, Summoning Order
Criminal Law Family Law Criminal Procedure Issuance of Process Prima Facie Pre Summoning Evidence Summoning Order

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Parties

Aniruddha Khanwalkar

Appellant/complainant

Sharmila Das

Respondent No.1/accused

Usharani Das

Respondent No.2/accused

Sangita

Respondent No.3/accused

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court Judgment and Order Dated 26 April 2024

Legal Issues

  1. 1 Whether a prima facie case can be made out on the basis of allegations and pre-summoning evidence for summoning the accused
  2. 2 Whether offences under Sections 420 and 120-B, IPC are made out on the pleaded facts

Ratio Decidendi

The High Court and the Sessions Court erred in setting aside the magistrate's summoning order because, on the pleaded facts and the evidence led prior to summoning, a prima facie case under Section 420 read with Section 120-B IPC was made out; summoning requires only a prima facie view and not trial-level findings.

Court Disposition

Appeal allowed

Orders

  • Impugned orders passed by the High Court and the Sessions Court are set aside
  • The Magistrate's order dated 12.03.2019 directing issuance of process against the respondents is restored