The Supreme Court in Md. Akram Siddiqui v. State of Bihar and Othr. quashed criminal proceedings against a man based on the complaint by his brother’s wife alleging torture and harassment by him, after it found from his passport papers that he was not in India at that time.
The bench of CJI Ranjan Gogoi, justices Sanjay Kishan Kaul and KM Joseph reiterated that in an proceedings under Section 482 of CrPC where the document relied upon is a public document or where veracity thereof is not disputed by the complainant, the same can be considered.
The Criminal proceeding was commenced on basis of FIR registered against Md. Akram Siddiqui referred to an incident that allegedly occurred on 27.08.2005 in Patna. He was facing criminal proceeding under Sections 498-A, 323 of IPC and 3, 4 of the Dowry Prohibition Act instituted against him by his brother’s wife.
While quashing the criminal proceedings, the bench said: “When it is not in dispute that on the said date i.e. 27.08.2005 the accused-appellant was not in India, we are of the view that the document(s) evidencing the said fact which are public documents can and should be looked into. Looking into the passport papers and the immigration records, we find that the prosecution, if allowed to stand, would be a futile exercise and that the present was an appropriate case where the High Court ought to have exercised its power under Section 482 of the Criminal Procedure Code.”