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Supreme Court of India6 April 20262026 INSC 322

Sajal Bose v. State of West Bengal

Bench of 3 · Justice Vikram Nath, Justice Sandeep Mehta, Justice N.V. Anjaria

Why it matters

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Defence counsel in quashing petitions under Section 482 CrPC / Section 528 BNSS can now cite this judgment for the proposition that a court — including the Supreme Court — may itself view CCTV footage forming part of the chargesheet and, if it unambiguously negates the accused's presence or participation, quash proceedings at the threshold without relegating the accused to a full trial; the judgment also reinforces the parity principle, requiring cogent reasons before co-accused in the same FIR are treated differently on a quashing petition.

Summary

Three appellants — Sajal Bose, Chandidas Joardar, and Sautrik Joardar — challenged the Calcutta High Court's refusal to quash a chargesheet (Chargesheet No. 135 of 2022) arising out of FIR No. 150 of 2022 registered at Police Station Survey Park, under Sections 143, 341, 323, 324, 504, 506, 509, 427 and 354 IPC. The FIR stemmed from an alleged assault and criminal intimidation during a neighbour dispute at a Kolkata apartment complex on the night of 11 October 2022. By the same impugned order dated 8 March 2024, the High Court had quashed proceedings against two co-accused (the wives of appellant Nos. 1 and 2) but declined similar relief to the three appellants, permitting their trial to continue before the Additional Chief Judicial Magistrate, South 24 Parganas at Alipore.

The Supreme Court, on Criminal Appeals Nos. 1774–1776 of 2026, allowed all three appeals and quashed the chargesheet qua the appellants. The Court itself viewed the CCTV footage forming part of the prosecution's own chargesheet and found that the appellants were not present at the scene during the actual altercation; they arrived later and appeared to be pacifying the parties rather than participating in any assault. The Court held that this unimpeachable electronic evidence completely belied the allegations, that the FIR attributed no specific overt act of physical assault to the appellants, and that the pre-existing disputes between the parties lent credence to the claim of malafide prosecution.

The Court applied the seven-category framework from State of Haryana v. Bhajan Lal [1990] Supp. 3 SCR 259 and the structured four-step test recently articulated in Pradeep Kumar Kesarwani v. State of Uttar Pradesh, 2025 SCC OnLine SC 1947, finding the case fell within categories (1), (3) and (7) of Bhajan Lal. It further criticised the High Court for granting relief to similarly placed co-accused without extending parity to the appellants and for failing to meaningfully analyse the CCTV footage despite it being central to both sides' arguments.

Key principle

Where unimpeachable electronic evidence forming part of the prosecution's own chargesheet demonstrably displaces the factual basis of the accusations and the prosecution cannot effectively counter it, the High Court is justified — and indeed obliged — to exercise its inherent jurisdiction under Section 482 CrPC to quash the proceedings; compelling an accused to face trial in such circumstances amounts to an abuse of the process of law.

Holding

Allowed — the chargesheet and FIR proceedings against the appellants were quashed because CCTV footage forming part of the prosecution record showed no overt act of assault by them, the FIR lacked specific attribution of physical offences to them, and the proceedings were manifestly attended with malafide arising from pre-existing neighbour disputes, satisfying categories (1), (3) and (7) of Bhajan Lal and all four steps of the Pradeep Kumar Kesarwani test.

Statutes invoked

  • CrPC · 482
  • IPC · 143
  • IPC · 341
  • IPC · 323
  • IPC · 324
  • IPC · 354
  • IPC · 504
  • IPC · 506
  • IPC · 509
  • IPC · 427
  • Bharatiya Nagarik Suraksha Sanhita, 2023 · 528
  • CrPC · 173(2)
  • CrPC · 164
  • Constitution · Article 136

Practice areas

criminalwrit
AI-generated summary, written by Claude Sonnet 4.6 from the court's published judgment. Always verify the original before relying on the summary in court. Generated on 21 May 2026.