Komal Prasad Shakya v. Rajendra Singh 2025 INSC 1230- S.482 CrPC
Code of Criminal Procedure 1973 - Section 482 - SC restored criminal proceedings that were quashed by HC and observed: As to whether the offences will be made out at the trial will depend on the evidence adduced. At this stage, it cannot be said that there is a case for nipping the prosecution for these accused at the bud. (Para 26)
Case Info
- Case name: Komal Prasad Shakya v. Rajendra Singh and Others.
- Neutral citation:
- Coram: Justice B.V. Nagarathna and Justice K.V. Viswanathan.
- Judgment date: 14 October 2025.
- Appeal numbers: Criminal Appeal No. 1222 of 2018; with Criminal Appeal Nos. 1223–1224 of 2018.
Caselaws and Citations
- Kumari Madhuri Patil and Another v. Addl. Commissioner, Tribal Development and Others, (1994) 6 SCC 241 — relied on for prosecution when social status/caste certificate is found false (para 13(14)).The judgment references this to support that false caste claims should trigger prosecution.
Statutes/Laws Referred
- Indian Penal Code, 1860: Sections 415, 416, 420, 467, 468, 471, 120B.
- Code of Criminal Procedure, 1973: Section 482 (High Court’s inherent powers discussed in critique of quashment).
- M.P. Land Revenue Code: Procedural lapses noted by the Scrutiny Committee in issuance of caste certificate.
- References to the Caste Certificate Scrutiny Committee orders and forfeiture process (administrative framework within Madhya Pradesh).
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