Supreme Court: While considering the appeals filed by badminton players Chirag Sen and Lakshya Sen who challenged Karnataka High Court’s refusal to quash criminal proceedings against them vis-a-vis allegations falsification of birth records; the Division Bench of Sudhanshu Dhulia and Aravind Kumar*, JJ., opined that continuation of the criminal proceedings against the appellants would be wholly unwarranted. The Court pointed out that the very allegations now sought to be revived, had been subjected earlier to scrutiny by competent authorities, which found no material to proceed further.
The Court said that to compel such established badminton players of national standing, who have maintained an unblemished record and brought distinction to the country through sustained excellence, to undergo the ordeal of a criminal trial in the absence of prima facie material would not subserve the ends of justice. The invocation of criminal law in such circumstances would amount to an abuse of process.
Background:
Chirag and Lakshya Sen (Appellants 1 and 3) are established badminton players of national acclaim. Appellant 4 is a reputed national coach and director of the Prakash Padukone Badminton Academy (“PPBA”). Appellants 2 and 5 are the parents of Appellants 1 and 3.
On 27-06-2022, a complaint was filed against Chirag and Lakshya alleging that the players had misrepresented their date of birth to qualify for tournaments in the Under-13 and Under-15 categories and thereby gained wrongful selection and monetary rewards. It was alleged that their parents and coach had conspired to forge and fabricate records in support of the misrepresentation.
Upon complainant’s private complaint before the Court of the VIII Additional Chief Metropolitan Magistrate, Bengaluru, the Magistrate directed investigation under Section 156(3) CrPC. Subsequently, an FIR was registered against the appellants under Sections 420, 468, 471, and 34 of the Penal Code, 1860 (IPC).
Challenging the registration of FIR, the appellants approached Karnataka High Court contending that identical allegations were raised against Chirag and Lakshya Sen a decade earlier and issue was duly investigated by the competent authorities including the Sports Authority of India (“SAI”), the Central Vigilance Commission (“CVC”), and the Education Department of the Government of Karnataka. Eventually the cases against them were closed by authorities concerned. However, the High Court refused to quash proceedings observing that the documents annexed to the complaint and procured under the Right to Information Act, 2005, prima facie disclosed grounds for investigation, and that it would be inappropriate to quash the proceedings at the preliminary stage.
Aggrieved with the refusal, badminton players approached the Supreme Court contending that continuation of criminal proceedings amounts to a gross abuse of process.
Court’s Assessment:
Perusing the facts, legal trajectory of the case and contentions submitted by the parties, the Court opined that the instant case fell within the category of exceptional circumstances warranting interference at the threshold to prevent abuse of the criminal process.
The Court pointed out that the entire complaint was built upon a solitary document, the 1996 GPF nomination form, which could not be authenticated, and also failed to establish any fraudulent intent or act attributable to the Chirag and Lakshya Sen. Furthermore, even if the GPF form would have been genuine, the same could not have overridden the birth certificates.
The Court noted that the complainant neither challenged the validity of the official birth records before any civil forum nor offered any explanation as to why the alleged discrepancies were not raised contemporaneously. The Court further pointed out that the allegations were based on conjecture and surmises and were manifestly intended to malign the appellants. No dishonest inducement or gain was demonstrated, nor was there any wrongful loss caused to the State or a third party. The allegations against the appellants therefore did not fulfil the essential ingredients of Sections 420, 468 or 471 IPC.
The Court further expressed concern over the pattern of vindictiveness that permeated the complaint. The Court pointed out that the complainant’s grievances commenced only after his daughter was denied admission to the academy in 2020. The FIR was registered in 2022 after the same matter was examined and closed by multiple authorities, including the CVC, which is a premier integrity institution under the Government of India. The delay, absence of new material, and apparent personal grudge collectively undermined the bona fides of the complaint.
Coming onto the High Court’s power under Section 482 CrPC and its use in the instant case, the Court stated that the suggestion that a criminal investigation is necessary to test the allegations rings hollow when viewed in light of the numerous factual inquiries already conducted by competent authorities. The SAI, on receiving complaints, initiated a verification process in 2016, which included medical testing and factual inquiries. The players underwent bone ossification and dental examination tests conducted at government run hospitals including AIIMS, Delhi. The findings of these tests supported the birth years as recorded in official documents. On that basis, the SAI closed the matter. The CVC, an independent oversight body, also recommended no disciplinary proceedings against the players’ father. The Court explained that while the conclusion of administrative bodies is not conclusive for criminal liability, they do bear relevance when evaluating whether a complaint discloses prima facie grounds to proceed further. The Court stated that the complainant sought to reopen settled issues that have already been examined thoroughly and closed, without any allegation of fraud or suppression in those proceedings.
The Court further noted that there was no allegation that any of the appellants forged or fabricated a document, or that they knowingly used a forged document as genuine. Equally, there was no averment that any person or authority was dishonestly induced to part with property or confer a benefit as a result of any such act. The complaint proceeded on the assumption that an entry in a GPF nomination form, allegedly filled up by the father of the players in 1996, casts doubt on the subsequently issued birth records of the players. Furthermore, the complainant could not provide any satisfactory explanation to the Court clarifying the nature of the involvement of the players, their parents and coach.
Therefore, the present case illustrated how criminal process may be misused to achieve a collateral objective under the guise of legality.
The Court stated that Chirag Sen and Lakshya Sen are sportspersons of national standing, having represented India in international badminton tournaments and having earned multiple accolades, including medals at the Commonwealth Games and BWF international events. To compel such individuals to undergo the ordeal of a criminal trial in the absence of prima facie material would amount to abuse of process.
Therefore, the with the afore-stated assessment, the Cout set aside impugned verdict of Karnataka High Court and quashed the proceedings against Chirag and Lakshya Sen and other their coach and parents.
[Chirag Sen v. State of Karnataka, 2025 SCC OnLine SC 1518, decided on 28-7-2025]
*Judgment by Justice Aravind Kumar
Advocates who appeared in this case :
For Petitioner(s): Mr. C.A. Sundaram, Senior Counsel; Ms. Rohini Musa, AOR
For Respondent(s): Mr. Vikram Hegde, AOR Mr. Abhishek Wadiyar, Adv.
Buy Penal Code, 1860 HERE
