Saturday, August 8

Supreme Court

In Practical Solutions Inc. v. State of Telangana, the Supreme Court held that when a High Court refuses to quash an FIR, it cannot indirectly protect the accused from arrest by directing the police to follow procedures like notice under Section 35(3) BNSS (earlier Section 41A CrPC) without proper reasons. The Court said such relief can be granted only after considering the merits and hearing the complainant. Relying on Neeharika Infrastructure (P) Ltd. v. State of Maharashtra, it set aside the High Court’s order and sent the case back for fresh consideration.

The Supreme Court quashed a rape case against Surendra Khawse, an Assistant Revenue Inspector, filed by a colleague alleging rape under a false promise of marriage. The Court found the complaint was filed months after the alleged incident and likely motivated by revenge following workplace disputes. It emphasized that rape on false marriage promise requires proving deception from the start, and not every broken promise constitutes rape. The judgment highlights the Court’s role in preventing misuse of criminal law while ensuring genuine victims can seek justice, relying on Sections 376 IPC and inherent powers under Section 528 BNSS.

The Supreme Court, in *Deepak Yadav v. State of Uttar Pradesh* (2025), ruled that trial courts cannot add charges not in the police chargesheet solely based on private witness affidavits. Courts must examine the complete investigation record or order further inquiry before taking cognizance of additional offences. The judgment emphasizes proper procedural safeguards, independent judicial assessment, and full disclosure of investigation materials under Sections 161, 172, and 190 CrPC. It reinforces fair trial rights, clarifies limits on judicial discretion in modifying charges, and ensures that courts do not mechanically rely on private submissions without verifying evidence and investigation integrity.

The Supreme Court on September 26, 2025, ruled that nationwide consolidation of First Information Reports (FIRs) involving different witnesses, evidence, and local laws is impermissible. A bench of Chief Justice BR Gavai and Justice K Vinod Chandran refused to club multiple FIRs registered against Odela Satyam and others across various states in a multi-crore financial scam. The Court clarified that clubbing of FIRs is only permissible when multiple FIRs arise from the same incident or transaction. The judgment distinguished the case from Amish Devgan v. Union of India (2021), where FIRs were consolidated for a single televised statement. While rejecting pan-India consolidation, the Court permitted state-wise clubbing of FIRs where multiple cases existed within the same state. The Court emphasized that trials involving investor-witnesses from various locations would make nationwide clubbing impractical and rejected prayers seeking consolidation of future FIRs as “overambitious and outright illegal”.

In Practical Solutions Inc. v. State of Telangana, the Supreme Court held that when a High Court refuses to quash an FIR, it cannot indirectly protect the accused from arrest by directing the police to follow procedures like notice under Section 35(3) BNSS (earlier Section 41A CrPC) without proper reasons. The Court said such relief can be granted only after considering the merits and hearing the complainant. Relying on Neeharika Infrastructure (P) Ltd. v. State of Maharashtra, it set aside the High Court’s order and sent the case back for fresh consideration.