The Supreme Court on December 2, 2025, allowed the appeal filed by Tuhin Kumar Biswas @ Bumba and overturned the decision of the Calcutta High Court. The Court discharged the appellant from criminal proceedings arising out of FIR No. 50/2020 registered at Bidhannagar North Police Station, holding that the allegations lacked the material necessary to sustain a criminal trial.
Justice Manmohan, writing for the Bench comprising himself and Justice Nongmeikapam Kotiswar Singh, held that suspicion must be supported by legally admissible evidence. He noted that the dispute between the parties was essentially civil in nature, already pending consideration, and could not justify continuation of a criminal prosecution without substantial material.
The FIR was lodged by Mamta Agarwal on March 19, 2020, alleging intimidation, wrongful restraint, and voyeurism under Sections 341, 354C, and 506 of the IPC. She claimed that the appellant clicked her photographs and recorded videos without consent while preventing her entry onto the property.
The appellant argued that the FIR was filed as retaliation in the context of a property dispute subject to an injunction order dated November 29, 2018, requiring joint possession and prohibiting third-party rights. He maintained that the complainant was not a tenant and was attempting to access the property in violation of the order.
After examining the FIR and chargesheet, the Court found no allegation indicating the complainant was engaged in a private act, a necessary ingredient for voyeurism under Section 354C. It also noted that the accusation of criminal intimidation lacked any specific description of threat to person or property. Regarding wrongful restraint, the Court observed that records suggested the complainant was only a prospective tenant, and the appellant’s conduct was intended to enforce what he believed to be his lawful rights under the injunction.
The Court criticized the filing of chargesheets absent strong suspicion, cautioning that such practice burdens the judicial system unnecessarily.
Allowing the appeal, the Bench discharged the appellant from the G.R. case.
Case Information:
Case Title: Tuhin Kumar Biswas @ Bumba v. State of West Bengal
Bench: Justice Manmohan, Justice Nongmeikapam Kotiswar Singh
