The Supreme Court has quashed criminal proceedings against a Central Government employee after finding that the First Information Report (FIR) and chargesheet did not contain any specific allegation sufficient to justify continuing the case against him.
A Bench of Justices J.B. Pardiwala and K. Vinod Chandran passed the order on August 17, 2026, in Kanad Saha v. The State of West Bengal & Ors., Criminal Appeal No. 3892 of 2026, arising out of SLP (Crl) No. 12080 of 2026.
Background of the Case
The proceedings originated from a complaint filed by a practicing advocate under Sections 506 and 509 read with Section 34 of the Indian Penal Code. The allegation against the appellant was that he had called the advocate over the telephone and threatened her in connection with a dispute involving his friend, who was her client.
The dispute was primarily connected with alleged non-payment of professional fees of Rs. 10 lakh by the third respondent to the advocate. The records also referred to an alleged incident on April 29, 2023, involving the third respondent and an associate at the advocate's office. An FIR was subsequently registered on May 4, 2023.
The High Court had declined to interfere after noting that a chargesheet had already been filed, observing that the appellant could pursue the appropriate remedy before the trial court. The appellant then approached the Supreme Court, contending that neither the FIR nor the chargesheet disclosed a case against him.
Supreme Court's Examination
The Supreme Court examined the FIR, the chargesheet and the material placed before it. The Court noted that the investigation was primarily directed against the third respondent.
Although the chargesheet was described as voluminous, the Bench found that it did not contain any specific allegation against the appellant. The investigation recorded several alleged offences against the third respondent, but later stated that a prima facie case under Sections 506 and 509 read with Section 34 IPC was made out against the appellant and another accused.
The Court also took note of the submissions made by the complainant during the hearing. At her request, the proceedings were conducted in-camera. However, the Bench observed that her submissions were largely general in nature and did not specifically address the allegations against the appellant.
Court's Observation
After examining the record, the Bench concluded that there was no sufficient basis for allowing the criminal proceedings against the appellant to continue.
The Court stated,
“there is absolutely no reason to permit the continuance of the proceedings against the appellant herein.”
The finding was based principally on the absence of specific allegations against the appellant in the FIR and chargesheet, particularly when the investigation itself was primarily concerned with allegations against another accused.
Decision
The Supreme Court allowed the appeal and set aside the criminal proceedings arising from FIR No. 78 of 2023 registered at Howrah Police Station on May 4, 2023, and Chargesheet No. 191 of 2023 dated October 31, 2023.
The Court directed that the FIR and chargesheet be quashed and that no criminal proceedings pursuant to the chargesheet should continue against the appellant.
The pending applications, if any, were also disposed of.
Case Details:
Case Title: Kanad Saha v. The State of West Bengal & Ors.
Case Number: Criminal Appeal No. 3892 of 2026, arising out of SLP (Crl) No. 12080 of 2026
Judge: Justice J.B. Pardiwala and Justice K. Vinod Chandran
Decision Date: August 17, 2026
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