LexANIRUDDHA KHANWALKAR versus SHARMILA DAS & OTHERS
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* Author [2024] 5 S.C.R. 537 : 2024 INSC 342 Aniruddha Khanwalkar v. Sharmila Das & Others (Criminal Appeal No. 2272 of 2024) 26 April 2024 [C.T. Ravikumar and Rajesh Bindal,* JJ] Issue for Consideration Whether it is sufficient to make out prima facie case on the basis of allegations for summoning of the accused. Headnotes A. Magistrate vide order dated 12.03.2019 directed issuance of process against the respondents after recording preliminary evidence and being satisfied that a prima facie case was made out – Sessions Court partly allowed the revision against the order of magistrate setting aside the order to the extent of taking cognizance of the offence punishable under section 420 of IPC against the respondent no.1 and for the offence punishable under section 420 read with section 120-B of IPC against the respondent nos.2 and 3 – Appellant challenged the order of Sessions Court before High Court – High Court upheld the same – Appellant filed the appeal against the order dated 25.04.2023 passed by the High Court upholding the order of the Sessions Court – Appeal allowed. [Paras 2, 4, 5, 6, and 16] B. Prima facie case is to be made out on the basis of allegations and pre-summoning evidence for summoning of an accused. Held: The Sessions Court held that no offence punishable under Section 420 read with Section 120-B, IPC was made out as the factum of earlier marriage of the respondent no.1 was clearly disclosed to the appellant. The Sessions Judge failed to appreciate the fact that certain events had taken place thereafter, namely, apprising the appellant about the decree of divorce having been passed and showing the forged copy thereof to him on mobile. The Learned Sessions Court 538 [2024] 5 S.C.R. Digital Supreme Court Reports has considered the revision against the summoning order as if after trial the findings of conviction or acquittal was to be recorded. It was a preliminary stage of summoning. For summoning of an accused, prima facie case is to be made out on the basis of allegations in the complaint and the pre- summoning evidence led by the complainant. [Para 12.1] List of Acts Code of Criminal Procedure, 1973; Indian Penal Code, 1860, Hindu Marriage Act, 1955. List of Keywords Issuance of process, Prima facie, Pre-summoning evidence, Summoning order. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 2272 of 2024 From the Judgment and Order dated 25.04.2023 of the High Court of M.P at Gwalior in MCRC No. 11184 of 2021 Appearances for Parties Gopal Shankarnarayanan, Sr. Adv., Ms. Astha Sharma, Nipun Saxena, Ms. Anju Thomas, Ms. Mantika Haryani, Ms. Aditi Gupta, Ms. Ripul Swati Kumari, Archit Adlakha, Ms. Soumya Saxena, Aditya Raj Pandey, Advs. for the Appellant. Mukesh Kumar, Yashaswi S.K. Chocksey, Ankit Singh, Sushant Sagar, Advs. for the Respondents. Judgment / Order of the Supreme Court Judgment Rajesh Bindal, J. Leave granted. 2. The complainant is before this Court challenging the order dated 25.04.20231 passed by the High Court of Madhya Pradesh at Gwalior 1 Passed in Misc. Criminal Case No.11184 of 2021 [2024] 5 S.C.R. 539 Aniruddha Khanwalkar v. Sharmila Das & Others vide which the order dated 11.01.2021 passed by the 4th Additional Sessions Judge, Shivpuri2 quashing the summoning order dated 12.03.20193 passed by the Trial Court was set aside as far as Section 420, IPC is concerned against the respondent no.1/Sharmila Das and Section 420 read with Section 120-B, IPC against the respondent no.2/Usharani Das and respondent no.3/Sangita. 3. Briefly the facts as available on record are that the marriage of the appellant was solemnized with the respondent no.1 on 28.04.2018 in the presence of the respondent nos. 2 and 3. Having come to know that on the date, the respondent no.1 had solemnized marriage with the appellant, she was already married and had not obtained divorce from her first husband, the appellant filed a petition4 under Section 11 of the 1955 Act5 before Principal Judge, Family Court, Shivpuri (M.P.) seeking annulment of marriage between the appellant and the respondent no.1. 4. Subsequently, the appellant preferred a complaint6 against the respondent nos.1, 2, and 3 in which the Magistrate vide order dated 12.03.2019, after recording preliminary evidence and being satisfied that a prima facie case was made out, directed issuance of process against the respondent no.1 for the offences punishable unde
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