Once the charge sheet was filed after the investigation having been found prima facie case, it cannot be said that the prosecution was bogus

2023 LiveLaw (SC) 26

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

M.R. SHAH; J., C.T. RAVIKUMAR; J.

January 04, 2023

CRIMINAL APPEAL NO. 25 OF 2023 (@ Special Leave Petition (Crl.) No.9899/2019)

X versus THE STATE OF UTTAR PRADESH & ORS.

Code of Criminal Procedure, 1973; Section 482 - Appeal against High Court 

order that quashed criminal proceedings observing that that the complaint 

lodged against the husband demand of dowry is inherently improbable and that 

it falls in the category of a bogus prosecution - Allowed - Merely because the 

wife was suffering from the disease AIDS and/or divorce petition was pending, 

it cannot be said that the allegations of demand of dowry were highly/inherently 

improbable - Once the charge sheet was filed after the investigation having been 

found prima facie case, it cannot be said that the prosecution was bogus