In Brief
Two spouses were accused in criminal cases registered in 2010–2011 for alleged forgery, fraud, and conspiracy. They challenged the cases before the Supreme Court, arguing that the second FIR violated a 2015 Supreme Court ruling (Priyanka Srivastava) requiring that complaints lodged under Section 156(3) of the Criminal Procedure Code be accompanied by affidavits. The Court held that while judgments of constitutional courts are generally retrospective, Priyanka Srivastava was meant to operate prospectively—from its date forward—to avoid harming those who had acted in good faith under the prior law. Complaints filed in 2010–2011 were therefore not liable to be quashed for lack of an affidavit. The appeal was dismissed, though the appellants retain the right to seek discharge if charges have not yet been framed.
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