Mere Allegations of Harassment Do Not Constitute Abetment of Suicide: Punjab & Haryana High Court Grants Bail to Wife in Matrimonial Suicide Case 'Convenience Of Wife Not A Thumb Rule, But Custody Of Minor Child Is A Weighing Aspect': Punjab & Haryana HC Transfers Divorce Case To Rohtak MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court Judicial Review Is Not A Substitute For Examiner’s Judgment: Delhi High Court Rejects DJSE Candidate’s Plea Over Alteration of Marks Part-Payments Extend Limitation - Each Payment Revives Limitation: Delhi High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Cooperative Society Is A “Veritable Party” To Arbitration Clause In Flat Agreements, Temple Trust Entitled To Arbitrate As Non-Signatory: Bombay High Court State Government Cannot Review Its Own Revisional Orders Under Section 41(3): Allahabad High Court Affirms Legal Bar on Successive Reviews When Several Issues Arise, Courts Must Answer Each With Reasons: Supreme Court Automatic Retention Trumps Lessee Tag: Calcutta High Court Declares Saregama India ‘Raiyat’, Directs Reconsideration of Land Conversion Application Recovery of Valid Ticket Raises Presumption of Bona Fide Travel – Burden Shifts to Railways: Delhi High Court Restores Railway Accident Claim Failure to Frame Issue on Limitation Vitiates Award of Compensation Under Telegraph Act: Gauhati High Court Sets Aside Order, Remands Matter Compassionate Appointment Is Not a Heritable Right: Gujarat High Court Rejects 9-Year Delayed Claim, Orders Re-Issuance of ₹4 Lakh Compensation Court Cannot Rewrite Contracts to Suit Contractor’s Convenience: Kerala High Court Upholds Termination of Road Work Under Risk and Cost Clause Post-Bail Conduct Is Irrelevant in Appeal Against Grant of Bail: Supreme Court Clarifies Crucial Distinction Between Appeal and Cancellation Granting Anticipatory Bail to a Long-Absconding Accused Makes a Mockery of the Judicial Process: Supreme Court Cracks Down on Pre-Arrest Bail in Murder Case Recognition as an Intangible Asset Does Not Confer Ownership: Supreme Court Draws a Sharp Line Between Accounting Entries and Property Rights IBC Cannot Be the Guiding Principle for Restructuring the Ownership and Control of Spectrum: Supreme Court Reasserts Public Trust Over Natural Resources Courts Cannot Convict First and Search for Law Later: Supreme Court Faults Prosecution for Ignoring Statutory Foundation in Cement Case When the Law Itself Stood Withdrawn, How Could Its Violation Survive?: Supreme Court Quashes 1994 Cement Conviction Under E.C. Act Ten Years Means Ten Years – Not a Day Less: Supreme Court Refuses to Dilute Statutory Experience Requirement for SET Exemption SET in Malayalam Cannot Qualify You to Teach Economics: Supreme Court Upholds Subject-Specific Eligibility for HSST Appointments Outsourcing Cannot Become A Tool To Defeat Regularization: Supreme Court On Perennial Nature Of Government Work Once Similarly Placed Workers Were Regularized, Denial to Others Is Discrimination: Supreme Court Directs Regularization of Income Tax Daily-Wage Workers Right To Form Association Is Protected — But Not A Right To Run It Free From Regulation: Supreme Court Recalibrates Article 19 In Sports Governance S. Nithya Cannot Be Transplanted Into Cricket: Supreme Court Shields District Cricket Bodies From Judicially Imposed Structural Overhaul Will | Propounder Must Dispel Every Suspicious Circumstance — Failure Is Fatal: : Punjab & Haryana High Court Electronic Evidence Authenticity Jeopardized by Unexplained Delay and Procedural Omissions: MP High Court Rejects Belated 65B Application Not Answering to the Questions of the IO Would Not Ipso Facto Mean There Is Non-Cooperation: Supreme Court Grants Anticipatory Bail Undertaking to Satisfy Award Is Not Waiver of Appeal: Supreme Court Restores Insurer’s Statutory Right

Supreme Court Slams Vexatious Litigation, Restores Murder Charges: "Misuse of Law Will Not Be Tolerated"

03 September 2024 10:08 AM

By: sayum


On August 2024, the Supreme Court of India, through a bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma, delivered a critical judgment overturning a High Court order that directed further investigation in a case stemming from a 2009 murder in Tamil Nadu. The Court emphasized the limited scope of revisional jurisdiction under Section 397 of the Criminal Procedure Code (Cr.P.C.), reprimanding the respondent for repeatedly filing baseless applications intended to derail the judicial process.

The case revolves around an incident that occurred on November 24, 2009, where an FIR was lodged against multiple accused, including the respondent, under serious charges such as murder (Section 302 IPC) and related offenses. The case emerged from a violent altercation at an AIADMK Party Office in Dharmapuri, Tamil Nadu, leading to the death of one Veeramani, the brother of the complainant. The police investigation led to a chargesheet against 31 accused.

Despite a prior failed attempt to discharge the charges under Section 227 Cr.P.C., the respondent filed another application under Section 216 Cr.P.C. seeking alteration of the charges, which was dismissed by the Sessions Court. Subsequently, the respondent approached the High Court, which allowed the revision and ordered further investigation—a decision now overturned by the Supreme Court.

The Supreme Court found the High Court’s decision to allow further investigation under Section 173(8) Cr.P.C. to be "unusual and untenable," highlighting that the Sessions Court had correctly framed the charges based on substantial material evidence, including eyewitness statements.

The judgment delved into the scope and limitations of revisional jurisdiction under Section 397 Cr.P.C., referencing the case of Amit Kapoor vs. Ramesh Chander and Another. The Court reiterated that revisional powers must be exercised sparingly and primarily to correct jurisdictional errors or gross legal lapses, not for routine or interlocutory orders. The Court criticized the High Court for exceeding its jurisdiction by entertaining a revision petition that was essentially interlocutory and barred under Section 397(2) Cr.P.C.

The Court also noted the improper use of Section 216 Cr.P.C., which allows alteration or addition to charges but does not permit repeated applications by the accused to discharge or modify charges after a proper judicial process has already been followed.

The bench, expressing strong disapproval of the respondent's tactics, remarked: "The Respondent No. 2 had miserably failed to get himself discharged from the case in the first round of litigation... still however he filed another vexatious application seeking modification of charge... to derail the criminal proceedings."

By setting aside the High Court’s order and reinstating the charges framed by the Sessions Court, the Supreme Court sent a clear message against the misuse of judicial processes for delaying trials. The Court imposed a cost of ₹50,000 on the respondent for filing frivolous applications and directed the trial to proceed expeditiously, warning that any further non-cooperation could lead to cancellation of bail. This judgment reaffirms the judiciary’s commitment to ensuring timely justice and preventing abuse of procedural provisions.

Date of Decision: August 29, 2024

K. Ravi vs. State of Tamil Nadu & Anr.

Latest Legal News