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(2025) Law Today Live Doc. Id. 20626 = 2025 INSC 1373 = (2025) 12 SCR 258
(Arising out of Special Leave Petition (Crl.) No. 3002 of 2024)
Decided on: 02.12.2025
A. Code of Criminal Procedure, 1973 (2 of 1974), Section 227 – Discharge of accused -- At the stage of discharge, a strong suspicion suffices -- However, a strong suspicion must be found on some material which can be translated into evidence at the stage of trial.
(Para 17)
B. Code of Criminal Procedure, 1973 (2 of 1974), Section 227 – Indian Penal Code, 1860 (45 of 1860), Section 341, 354C, 506 -- Discharge of accused -- Allegation by complainant that by clicking her photographs without her consent accused intruded her privacy and obstructed her entry into premises -- FIR and charge sheet silent about the manner in which complainant was threatened or was watched or captured by the accused while she was engaging in a 'private act' to attract Section 354C -- Except for the bald allegation that the Appellant-accused intimidated the complainant by clicking her photographs, the FIR and charge-sheet are completely silent about the manner in which the complainant was threatened with any injury to her person or her property -- The words, if any, uttered by the complainant are not mentioned in the FIR -- Complainant or her associates never made a statement to substantiate her allegations -- Ingredients of offence of criminal intimidation are not attracted -- Ingredients of wrongful restraint u/s 341 not made out, in absence of material on record to show that complainant was a tenant in the property at any point of time -- On the date of the alleged offence, complainant had no right to enter the property - Accused enforce bonafidely thought was his lawful right over property in terms of injunction order -- Accused discharged.
(Para No. 20-30)