Tendency to File Chargesheet Without Strong Suspicion Clogs Judicial System: SC

While ruling on a most significant legal point pertaining to filing of chargesheet, the Supreme Court in a most learned, laudable, landmark, logical and latest judgment titled Tuhin Kumar Biswas @ Bumba vs The State of West Bengal in Criminal Appeal No.5146 of 2025(Arising out of Special Leave Petition (Crl.) No. 3002/2024) in the exercise of its criminal appellate jurisdiction that was pronounced as recently as on December 2, 2025 has discharged an accused in a criminal case involving allegations of voyeurism, wrongful restraint, and criminal intimidation mincing absolutely just no words in holding indubitably that the tendency of filing chargesheets in matters where no “strong suspicion” is made out clogs the judicial system.

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We need to note here what is really worth paying attention that the Bench of Apex Court comprising of Hon'ble Mr Justice Nongmeikapam _ Kotiswar Singh and Hon'ble Mr Justice Manmohan after perusing the facts of the case and considering the material on record allowed the appeal that had been filed by Tuhin Kumar Biswas @ Bumba set aside the judgment that had been passed by the Calcutta High Court which had upheld the dismissal of his discharge application. At the very outset, this brief, brilliant, bold and balanced judgment authored by Hon’ble Mr Justice Manmohan for a Bench of the Apex Court comprising of Hon'ble Mr Justice Nongmeikapam Kotiswar Singh and himself sets the ball in motion by first and foremost putting forth in para 2 that, “The present Appeal has been filed challenging the judgment dated 30th January 2024 passed by the Calcutta High Court, whereby the revision petition filed by the Appellant-accused against the order dismissing the discharge application filed by the Appellant in FIR No.50/2020 dated 19th March 2020 lodged with police station Bidhannagar North, was dismissed.” To put things in perspective, the Bench envisages in para 3 while elaborating briefly on the facts of the case that, “On 19th March 2020, the complainant-Ms. Mamta Agarwal, an alleged tenant of Mr. Amalendu Biswas, one of the co-owners of the property at CF-231, Sector I, Salt Lake, Kolkata 700064 (“the property”) filed a complaint/FIR under Sections 341, 354C, 506 of Indian Penal Code (‘IPC’), The complainant alleged that on 18th March 2020, when the complainant along with her friend and workmen tried to enter the property, the Appellant-accused intimidated them and restrained them from entering the property. The complainant further alleged that the Appellant-accused intimidated the complainant by clicking her pictures and making her videos on his mobile without her consent and by doing so, he intruded upon her privacy and outraged her modesty.”