The Indian Express: New Delhi: Tuesday, 29 July 2025.
Karnataka HC observed that the documents annexed to the complaint and procured under the RTI Act, prima facie disclosed grounds for investigation, and that it would be inappropriate to quash the proceedings at the preliminary stage.
The Karnataka High Court
rejected the petitions by Sen, his family and coach, U Vimal Kumar, in
February, following which they approached the top court.
The Supreme Court Monday quashed the FIR against badminton player Lakshya Sen, his family members and coach over allegations of birth certificate forgery.
A bench of Justices Sudhanshu Dhulia and Aravind Kumar said, “… The record indicates that the very allegations now sought to be revived were earlier subjected to scrutiny by competent authorities, which found no material to proceed further. No fresh evidence has since come to light…”
The top court said that Lakshya Sen and his brother Chirag 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 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, which this court cannot countenance.”
The judgement said the SC “has repeatedly cautioned against permitting the criminal law to be used as a weapon of harassment”.
The bench said that during the course of hearing, when the complainant’s counsel was specifically asked to clarify the nature of involvement of the players, their parents or the coach in any act amounting to forgery or cheating, “no satisfactory explanation was offered.”
The SC said, “the absence of any direct or indirect material linking the appellants to a culpable act or intention reinforces the conclusion that the allegations, even if taken at their highest, do not meet the threshold necessary to justify a criminal prosecution under the aforesaid provisions.”
A complaint was lodged by Nagaraja M G, who alleged that Chirag and Lakshya Sen “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… along with coach… had conspired to forge and fabricate records in support of the misrepresentation.” He also produced some documents through the RTI in support of his complaint.
In 2022, a case was registered under sections 420 (cheating), 468 (forgery for the purpose of cheating), and 471 (using as genuine a forged record) of the IPC following the direction by a magistrate’s court. This was challenged before the HC on the ground that identical allegations were raised nearly a decade earlier too, and were subjected to scrutiny by competent statutory authorities, including the Sports Authority of India (SAI), the CVC, and Karnataka Education Department.
Dismissing the petitions by Sen, his family and coach, U Vimal Kumar on February 19 this year, the Karnataka HC observed that the documents annexed to the complaint and procured under the RTI Act, prima facie disclosed grounds for investigation, and that it would be inappropriate to quash the proceedings at the preliminary stage. Following this, Sen and others moved the top court.
Karnataka HC observed that the documents annexed to the complaint and procured under the RTI Act, prima facie disclosed grounds for investigation, and that it would be inappropriate to quash the proceedings at the preliminary stage.
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| FILE: Lakshya Sen in action. (PHOTO: Badminton Association of India) |
The Supreme Court Monday quashed the FIR against badminton player Lakshya Sen, his family members and coach over allegations of birth certificate forgery.
A bench of Justices Sudhanshu Dhulia and Aravind Kumar said, “… The record indicates that the very allegations now sought to be revived were earlier subjected to scrutiny by competent authorities, which found no material to proceed further. No fresh evidence has since come to light…”
The top court said that Lakshya Sen and his brother Chirag 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 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, which this court cannot countenance.”
The judgement said the SC “has repeatedly cautioned against permitting the criminal law to be used as a weapon of harassment”.
The bench said that during the course of hearing, when the complainant’s counsel was specifically asked to clarify the nature of involvement of the players, their parents or the coach in any act amounting to forgery or cheating, “no satisfactory explanation was offered.”
The SC said, “the absence of any direct or indirect material linking the appellants to a culpable act or intention reinforces the conclusion that the allegations, even if taken at their highest, do not meet the threshold necessary to justify a criminal prosecution under the aforesaid provisions.”
A complaint was lodged by Nagaraja M G, who alleged that Chirag and Lakshya Sen “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… along with coach… had conspired to forge and fabricate records in support of the misrepresentation.” He also produced some documents through the RTI in support of his complaint.
In 2022, a case was registered under sections 420 (cheating), 468 (forgery for the purpose of cheating), and 471 (using as genuine a forged record) of the IPC following the direction by a magistrate’s court. This was challenged before the HC on the ground that identical allegations were raised nearly a decade earlier too, and were subjected to scrutiny by competent statutory authorities, including the Sports Authority of India (SAI), the CVC, and Karnataka Education Department.
Dismissing the petitions by Sen, his family and coach, U Vimal Kumar on February 19 this year, the Karnataka HC observed that the documents annexed to the complaint and procured under the RTI Act, prima facie disclosed grounds for investigation, and that it would be inappropriate to quash the proceedings at the preliminary stage. Following this, Sen and others moved the top court.