The Supreme Court of India in Sujoy Ghosh vs. State of Jharkhand and Anr.1, delivered a significant ruling reiterating that where quashing of criminal proceedings is sought on the ground that the complaint is frivolous, vexatious, or malicious, the court is not confined to the bare averments in the complaint/First Information Report. It may examine the attendant circumstances and materials on record (including undisclosed or exculpatory material) to determine whether a prima facie offence is genuinely made out or whether the proceedings amount to an abuse of process. The ruling marks a constructive step in refining the High Courts’ inherent powers to effectively eliminate malicious, vexatious, and frivolous criminal proceedings, an issue that frequently arises within the Indian criminal justice system.
Please click here to read the full article by Dheeraj Nair, Partner, and Vibhor Jain, Principal Associate, and Simarpreet Kaur Matharoo, Associate, published in Mondaq.
Dheeraj is a Partner with JSA since 2009. Dheeraj has over two decades of experience advising and representing clients on complex arbitrations, litigations and regulatory proceedings.