Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration
Date: 31.07.2026
Supreme Court Sets Aside Criminal Proceedings Based on Forged Tenancy Document
This Short Article has been prepared & written by Advocate Madhumita Jha-Bombay High Court. The views expressed are based on her interpretation of the law. She can be reached at her email id jhamadhumita27@gmail.com .
The Supreme Court of India recently delivered a significant judgment in the criminal appeal of Vishnu Kumar Shukla and Vineeta Shukla, a husband and wife duo, against the State of Uttar Pradesh and Ram Kumar Garg. The case revolved around allegations of property theft, trespass, and related criminal proceedings stemming from a long-standing dispute over a shop property in Lucknow.
Key Facts and Allegations
- Complainant’s Allegations: Ram Kumar Garg (R2) claimed to be a tenant of a shop owned by the Shuklas. He alleged that on June 29, 2011, the appellants and others forcibly entered the shop, broke the wall, and looted various items including wheat, cash, kerosene oil, shop registers, documents, and a two-wheeler. This led to the filing of an FIR under Sections 448, 454, and 380 of the Indian Penal Code (IPC).
- Appellants’ Defense: The Shuklas argued that the allegations were frivolous and intended to prevent them from enjoying their property. They asserted that Vineeta Shukla was the bona fide owner of the shop, having purchased it through a registered sale deed. They also highlighted that the complainant’s claim of tenancy was based on a forged document, as the tenancy agreement referenced the Indian Rupee symbol (βΉ), which was only introduced in 2010, while the document was dated 2005.
Legal Proceedings and Findings
- Civil and Criminal Actions: The complainant had filed a civil suit for permanent injunction and initiated criminal proceedings. The Shuklas, in turn, filed an application under Section 340 of the Code of Criminal Procedure (CrPC) for perjury, alleging forgery of the tenancy document.
- Police Investigation: The police, after investigation, only charged the Shuklas under Section 448 (house-trespass), dropping the more serious charges of house-breaking and theft. The complainant did not object to this.
- Lower Court Decisions: Both the Chief Judicial Magistrate and the High Court rejected the Shuklas’ application for discharge, leading to the present appeal before the Supreme Court.
Supreme Court’s Analysis
- Forgery of Tenancy Document: The Court found that the tenancy agreement was prima facie forged, as it contained the βΉ symbol before its official adoption. This undermined the complainant’s claim of tenancy and possession.
- Abuse of Process: The Court observed that the criminal case was an abuse of the legal process, intended to harass the rightful owners.
- Lack of Evidence: There was no strong or grave suspicion against the Shuklas, and the police had not found evidence for the more serious charges. The complainant’s absence in the Supreme Court further weakened the case.
Final Judgment
The Supreme Court set aside the judgments of the High Court and the Trial Court, discharged Vishnu Kumar Shukla and Vineeta Shukla from the criminal case, and released them from their bail bond liabilities. The Court emphasized that there was insufficient material to proceed against them and that forcing them to stand trial would be unjust.
Legal Significance
This judgment reinforces the principle that courts must protect individuals from vexatious and unwarranted criminal prosecution, especially when the evidence is insufficient or fabricated. It also highlights the importance of scrutinizing documentary evidence for authenticity in property disputes.
The Supreme Court’s decision brings closure to a protracted legal battle and serves as a precedent for similar cases involving forged documents and abuse of judicial process.
Connected Matters
Source: Supreme Court
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