Supreme Court of India Judgements

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Category: Cr P C

Cr P C I P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Criminal Proceedings under Section 482 in Cases with Predominantly Civil Character — The court reiterated the principle that criminal cases with overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions, matrimonial relationships, or family disputes, should be quashed when the parties have resolved their entire disputes among themselves — This principle is applied in the present case, where the dispute involved a loan transaction between the accused persons and the bank, and the parties had settled the matter through the One Time Settlement (OTS).

Oct 9, 2024 sclaw

2024 INSC 750 SUPREME COURT OF INDIA DIVISION BENCH K. BHARTHI DEVI AND ANOTHER — Appellant Vs. STATE OF TELANGANA AND ANOTHER — Respondent ( Before : B.R. Gavai and…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Sections 311, 313 and 173(8) — Case of Murder — Further investigation after the trial had concluded —Whether the High Court was justified in ordering further investigation after the trial had concluded —The appellant argued that the application for further investigation was a disguised attempt to reopen earlier proceedings and that the trial court had no jurisdiction to entertain such an application after charges were framed —The respondent contended that further investigation was necessary to ensure justice and that new facts and material had emerged —The Supreme Court set aside the High Court’s order for further investigation, stating it was unwarranted and not in accordance with the law —The Court found that the application for further investigation was filed too late and lacked new evidence that would justify reopening the case —The Court emphasized that further investigation should be ordered sparingly and only in exceptional cases to achieve the ends of justice — The Supreme Court allowed the appeal, dismissed the application for further investigation.

Oct 2, 2024 sclaw

2024 INSC 746 SUPREME COURT OF INDIA DIVISION BENCH K. VADIVEL — Appellant Vs. K. SHANTHI AND OTHERS — Respondent ( Before : B.R. Gavai and K.V. Viswanathan, JJ. )…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 227 — Discharge — The appellant, had filed an application under Section 227 of the Cr.PC seeking discharge in a case related to the custodial death of cashier/accountant — The court found that there was no sufficient ground for proceeding against the appellant based on the record of the case and the documents submitted therewith — The court clarified that its observations were made only in relation to the appellant and not the other accused in the case — The court allowed the application filed by the appellant under Section 227, Cr.PC, and discharged the appellant from the case.

Jul 16, 2024 sclaw

2024 INSC 522 SUPREME COURT OF INDIA DIVISION BENCH RAM PRAKASH CHADHA — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : C.T. Ravikumar and Sudhanshu Dhulia,…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 321 — Penal Code, 1860 (IPC) — Sections 147, 148, 149, 307 and 302 — Withdrawal of prosecution — The Supreme Court has set aside the withdrawal of prosecution of an accused in a double murder case, who was elected as a Member of Legislative Assembly (MLA) in Uttar Pradesh — The court observed that political power should not be leveraged to secure the withdrawal of prosecution of an accused person named in the charge sheet after thorough investigation — The court also criticized the High Court for repeatedly allowing adjournments in the case, allowing the accused persons to deploy dilatory tactics to delay their trial — The court directed the High Court to ensure that justice is not further delayed or compromised due to political influence or any other extraneous factors — The court emphasized the paramount importance of ensuring the progression of the trial without further delay.

Jul 16, 2024 sclaw

2024 INSC 529 SUPREME COURT OF INDIA DIVISION BENCH SHAILENDRA KUMAR SRIVASTAVA — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Vikram Nath and…

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I P C

Conviction under Section 302 requires proof of premeditation or intention to kill; absence of such elements may lead to reduced charges, such as under Section 304 IPC, with sentencing considerations potentially based on time already served

Mar 25, 2025 sclaw
I P C

Mere presence at a crime scene, without evidence of an overt act or specific role, is insufficient to convict an individual as a member of an unlawful assembly, especially in cases involving large crowds and public disturbances

Mar 25, 2025 sclaw
Limitation

Limitation Act, 1963 — Section 5 — Extension of period of limitation in certain circumstances — Courts may liberally condone delays in appeals, especially by the State

Mar 25, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 154 — Registration of FIR — Mandatory under Section 154 of the CrPC if information discloses commission of a cognizable offense; no preliminary inquiry permissible in such cases.

Mar 25, 2025 sclaw