KANISHK SINHA & ANOTHER versus THE STATE OF WEST BENGAL & ANOTHER

KANISHK SINHA & ANOTHER versus THE STATE OF WEST BENGAL & ANOTHER

The High Court was correct in holding that the direction in Priyanka Srivastava requiring that complaints under Section 156(3) CrPC be accompanied by an affidavit is prospective in nature and therefore does not apply retrospectively to complaints filed in 2010-2011; accordingly the appeals challenging the High...

Source-derived case information.

Parties
Appellant: Kanishk Sinha; Appellant: Another; Respondent: The State of West Bengal; Respondent: Another
Jurisdiction
India
Judgment Date
27 February 2025
Procedural Posture
Criminal Appeal / Appeal From the High Court Order Dated 27.06.2024 (crr Nos. 608, 641, 794, 795 of 2015; CRR Nos. 3610 of 2011 and CRR No. 483 of 2013) Dismissing Criminal Revisions
Outcome
Appeals dismissed
Legal Topics
Prospective Operation of Judgments, Section 156(3) Cr PC, Affidavit Requirement for Complaints, Operation of Priyanka Srivastava (2015)
Criminal Procedure Criminal Law Judicial Precedent Prospective Operation of Judgments Section 156(3) Cr PC Affidavit Requirement for Complaints Operation of Priyanka Srivastava (2015)

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Parties

Kanishk Sinha

Appellant

Another

Appellant

The State of West Bengal

Respondent

Another

Respondent

Procedural Posture

Criminal Appeal / Appeal From the High Court Order Dated 27.06.2024 (crr Nos. 608, 641, 794, 795 of 2015; CRR Nos. 3610 of 2011 and CRR No. 483 of 2013) Dismissing Criminal Revisions

Legal Issues

  1. 1 Whether the direction in Priyanka Srivastava that Section 156(3) CrPC complaints be accompanied by an affidavit is prospective and not retrospective
  2. 2 Whether the affidavit requirement in Priyanka Srivastava applies to complaints filed in 2010-2011

Ratio Decidendi

The High Court was correct in holding that the direction in Priyanka Srivastava requiring that complaints under Section 156(3) CrPC be accompanied by an affidavit is prospective in nature and therefore does not apply retrospectively to complaints filed in 2010-2011; accordingly the appeals challenging the High Court's prospective application were dismissed.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed
  • Leave granted