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Supreme Court of India 2023-08-08 allowed

SALIB @ SHALU @ SALIM vs STATE OF U.P. & ORS

Bench: 2 — B.R. Gavai, J.B. Pardiwala

In Brief

An appellant was charged with threatening a witness to withdraw a sexual abuse complaint against his father-in-law. Although not named in the original FIR, he was added through a subsequent investigative statement. The Supreme Court quashed the FIR against him, holding that the allegations disclosed no essential ingredients of extortion (Section 386) or threatening to give false evidence (Section 195-A). The Court found the case manifestly frivolous: the victim's later statement substantially differed from the FIR, an eyewitness appeared only in investigation statements, and mere familial association to an accused criminal does not justify implication without independent evidence. The judgment emphasizes that courts must examine attending circumstances when assessing frivolous prosecutions.

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Criminal Procedure Quashing of FIR False Implication Extortion Threatening Witness Mala Fide Prosecution Protection of Civil Rights Investigation

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