Court Must Conduct Inquiry on Mental Competency Before Appointing Legal Guardian - Punjab and Haryana High Court Right to Bail Cannot Be Denied Merely Due to the Sentiments of Society: Kerala High Court Grants Bail in Eve Teasing Case Supreme Court Extends Probation to 70-Year-Old in Decades-Old Family Feud Case Authorized Railway Agents Cannot Be Criminally Prosecuted for Unauthorized Procurement And Supply Of Railway Tickets: Supreme Court Anticipatory Bail Cannot Be Denied Arbitrarily: Supreme Court Upholds Rights of Accused For Valid Arbitration Agreement and Party Consent Necessary: Supreme Court Declares Ex-Parte Arbitration Awards Null and Void NDPS | Lack of Homogeneous Mixing, Inventory Preparation, and Magistrate Certification Fatal to Prosecution's Case: Punjab & Haryana High Court "May Means May, and Shall Means Shall": Supreme Court Clarifies Appellate Court's Discretion Under Section 148 of NI Act Punjab & Haryana High Court Orders Re-Evaluation of Coal Block Tender, Cites Concerns Over Arbitrary Disqualification Dying Declarations Must Be Beyond Doubt to Sustain Convictions: Madhya Pradesh High Court Acquits Accused in Burn Injury Murder Case No Legally Enforceable Debt Proven: Madras High Court Dismisses Petition for Special Leave to Appeal in Cheque Bounce Case Decisional Autonomy is a Core Part of the Right to Privacy : Kerala High Court Upholds LGBTQ+ Rights in Landmark Habeas Corpus Case Consent of a Minor Is No Defense Under the POCSO Act: Himachal Pradesh High Court Well-Known Marks Demand Special Protection: Delhi HC Cancels Conflicting Trademark for RPG Industrial Products High Court Acquits Accused Due to ‘Golden Thread’ Principle: Gaps in Medical Evidence and Unexplained Time Frame Prove Decisive Supreme Court Dissolves Marriage Citing Irretrievable Breakdown; Awards ₹12 Crore Permanent Alimony Cruelty Need Not Be Physical: Mental Agony and Emotional Distress Are Sufficient Grounds for Divorce: Supreme Court Section 195 Cr.P.C. | Tribunals Are Not Courts: Private Complaints for Offences Like False Evidence Valid: Supreme Court Limitation | Right to Appeal Is Fundamental, Especially When Liberty Is at Stake: Supreme Court Condones 1637-Day Delay FIR Quashed | No Mens Rea, No Crime: Supreme Court Emphasizes Protection of Public Servants Acting in Good Faith Trademark | Passing Off Rights Trump Registration Rights: Delhi High Court A Minor Procedural Delay Should Not Disqualify Advances as Export Credit When Exports Are Fulfilled on Time: Bombay HC Preventive Detention Must Be Based on Relevant and Proximate Material: J&K High Court Terrorism Stems From Hateful Thoughts, Not Physical Abilities: Madhya Pradesh High Court Denies Bail of Alleged ISIS Conspiracy Forwarding Offensive Content Equals Liability: Madras High Court Upholds Conviction for Derogatory Social Media Post Against Women Journalists Investigation by Trap Leader Prejudiced the Case: Rajasthan High Court Quashes Conviction in PC Case VAT | Notice Issued Beyond Limitation Period Cannot Reopen Assessment: Kerala High Court Fishing Inquiry Not Permissible Under Section 91, Cr.P.C.: High Court Quashes Trial Court’s Order Directing CBI to Produce Unrelied Statements and Case Diary Vague and Omnibus Allegations Cannot Sustain Criminal Prosecution in Matrimonial Disputes: Calcutta High Court High Court Emphasizes Assessee’s Burden of Proof in Unexplained Cash Deposits Case Effective, efficient, and expeditious alternative remedies have been provided by the statute: High Court Dismisses Petition for New Commercial Electricity Connection Maintenance Must Reflect Financial Realities and Social Standards: Madhya Pradesh High Court Upholds Interim Maintenance in Domestic Violence Land Classified as Agricultural Not Automatically Exempt from SARFAESI Proceedings: High Court Permissive Use Cannot Ripen into Right of Prescriptive Easement: Kerala High Court High Court Slams Procedural Delays, Orders FSL Report in Assault Case to Prevent Miscarriage of Justice Petitioner Did Not Endorse Part-Payments on Cheque; Section 138 NI Act Not Attracted: Madras High Court Minority Christian Schools Not Bound by Rules of 2018; Disciplinary Proceedings Can Continue: High Court of Calcutta Lack of Independent Witnesses Undermines Prosecution: Madras High Court Reaffirms Acquittal in SCST Case Proceedings Before Tribunal Are Summary in Nature and It Need Not Be Conducted Like Civil Suits: Kerala High Court Affirms Award in Accident Claim Affidavit Not Sufficient to Transfer Title Punjab and Haryana High Court

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.

Similar News