Cr P C Archives - Supreme Court of India Judgements

June 17, 2026 2:02 am

Third Judge under S. 392 CrPC cannot disturb unanimous Division Bench findings; reference confined to disagreed accused only.–Criminal Procedure Code, 1973 (CrPC) — Section 392 — Third Judge — Power to give independent opinion — Options available — When an appeal is heard by a Division Bench and the Judges are divided in opinion, the appeal is laid before a third Judge under S. 392 — The third Judge is not confined to choosing between the two views expressed by the Division Bench Judges — The third Judge may: (i) agree with either of the two opinions expressed; (ii) form an independent view at divergence with both opinions; or (iii) where warranted, receive additional evidence under S. 391 before forming an opinion — The opinion of the third Judge governs and the judgment follows therefrom.

Jun 12, 2026 sclaw

2026 INSC 632 SUPREME COURT OF INDIA DIVISION BENCH DR. RAKESH KUMAR GUPTA Vs. STATE OF UTTAR PRADESH AND OTHERS ( Before : Dipankar Datta and Satish Chandra Sharma, JJ.…

Cr P C

Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts.

Jun 8, 2026 sclaw

2026 INSC 626 SUPREME COURT OF INDIA DIVISION BENCH SAHIL ABDULSATTAR MANSURI AND OTHERS Vs. SAFIMAHAMAD FAFIRBHAI MANSURI AND OTHERS ( Before : Sanjay Karol and Augustine George Masih, JJ.…

Cr P C

Criminal Procedure — Passport — Return/Surrender of Passport — Accused facing serious criminal charges — Right to travel abroad vis-à-vis right to speedy trial — Balance between individual liberty and societal interest — Accused charged with abetment of suicide and criminal conspiracy since 2014, trial still at stage of committal despite lapse of over ten years — Accused, a US citizen, had misused interim protection in prior proceedings to leave the country without Court’s leave — Whether High Court justified in permitting accused to travel abroad on grounds of medical treatment — Held, not justified — High Court indulgent rather than judicially restrained — Medical facilities in India comparable to those abroad — High Court’s revisional order set aside — Accused restrained from travelling abroad without express permission of Sessions Court — Bharatiya Nagarik Suraksha Sanhita, 2023, S. 442 — Constitution of India, Art. 21

Jun 8, 2026 sclaw

2026 INSC 628 SUPREME COURT OF INDIA DIVISION BENCH SEESA SANTOSH Vs. THE STATE OF TELANGANA AND ANOTHER ( Before : Dipankar Datta and Satish Chandra Sharma, JJ. ) Criminal…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Quashing of proceedings — Abuse of process of law — Allegations of sexual offence against father and uncle of prosecutrix — Held, complaint lacked specific factual details and material evidence to establish a prima facie case — Wide-ranging matrimonial litigation between parties indicated a possibility of vexatious litigation and abuse of process — Mere bald allegations without supporting evidence, particularly lack of medical reports for allegations of rape and sexual assault, held insufficient to sustain criminal prosecution, especially where statements of prosecutrix and complainant were verbatim reproductions, suggesting tutoring — Court can quash proceedings under Section 482 CrPC if no offence is made out or allegations are absurd/inherently improbable, or instituted with malafide intent for vengeance

May 31, 2026 sclaw

2026 INSC 587 SUPREME COURT OF INDIA DIVISION BENCH ISHWAR CHAND SHARMA AND OTHERS Vs. STATE OF UTTAR PRADESH AND ANOTHER ( Before : B.V. Nagarathna and Ujjal Bhuyan, JJ.…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 235(2) — Conviction without hearing on sentence — High Court, after reversing an acquittal and convicting an accused for the first time, directed the Trial Judge to hear the accused on sentence and impose sentence — Such direction is contrary to law as the appellate court, when convicting for the first time, must hear the accused on sentence and impose it itself — It cannot remit the matter to the trial court for sentencing.

May 28, 2026 sclaw

2026 INSC 559 SUPREME COURT OF INDIA DIVISION BENCH MUKESH KUMAR YADAV Vs. THE STATE (UT OF ANDAMAN AND NICOBAR ISLANDS) ETC. ( Before : K. V. Viswanathan and Vijay…

Cr P C

Criminal Law — Sentencing — Modification of Sentence — Conversion of life imprisonment to a fixed term is not considered an enhancement of sentence, thus not requiring a notice under Section 401 of the Criminal Procedure Code, especially when the fixed term is not less than what was imposed by modifying a life sentence.

May 28, 2026 sclaw

2026 INSC 558 SUPREME COURT OF INDIA DIVISION BENCH MUNNA MOYUDDIN SHAIKH Vs. STATE OF GUJARAT ( Before : K. V. Viswanathan and Vijay Bishnoi, JJ. ) Criminal Appeal No.2686…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Quashing of FIR/Charge Sheet — Abuse of process of law — Repeated closure reports indicating civil dispute, subsequent investigation without Magistrate’s approval, and lack of clear evidence of criminal intent warrant quashing of proceedings.

May 28, 2026 sclaw

2026 INSC 561 SUPREME COURT OF INDIA DIVISION BENCH PALINISWAMY VEERARAJA AND OTHERS Vs. THE STATE OF KARNATAKA AND ANOTHER ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ.…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Abuse of Process of Court — Discharge of Accused — Vague Allegations — Where allegations in FIR and charge sheet are general and do not specify the role of the accused, continuation of criminal proceedings amounts to abuse of process of court and may cause prejudice.

May 24, 2026 sclaw

2026 INSC 510 SUPREME COURT OF INDIA DIVISION BENCH SUSANTA KUMAR DALEI @ SUSANTA KUMAR DALAI Vs. STATE OF ODISHA (VIGILANCE) ( Before : Pankaj Mithal and Prasanna B. Varale,…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Sections 439 and 483 BNSS — Bail Jurisdiction — Power to issue directions — High Court, while exercising bail jurisdiction, cannot issue directions that extend beyond the scope of the bail application and impinge upon the statutory powers of other authorities or create new systems for accountability, as this would amount to an error of jurisdiction.

May 21, 2026 sclaw

2026 INSC 511 SUPREME COURT OF INDIA DIVISION BENCH RAMBALAK Vs. STATE OF U.P ( Before : Sanjay Karol and Prasanna B. Varale, JJ. ) Criminal Appeal No…..of 2026 (@…

Bhartiya Nagrik Suraksha Sanhita Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 432 — Constitution of India, 1950 — Article 72 & 161— Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 473 & 477 — Premature release of a prisoner — Rejection of recommendation — Non-speaking order — Order rejecting premature release must provide reasons and reflect due application of mind — Absence of reasons renders the order bald and impossible to ascertain if relevant factors were considered — Violates principles of natural justice and frustrates judicial review.

May 17, 2026 sclaw

2026 INSC 490 SUPREME COURT OF INDIA DIVISION BENCH ROHIT CHATURVEDI Vs. STATE OF UTTARAKHAND AND OTHERS ( Before : B.V. Nagarathna and Ujjal Bhuyan, JJ. ) Writ Petition (Criminal)…

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Service

Constitution of India, 1950 — Art. 16 and 226 — Public Employment — Direct Recruitment — Eligibility Criteria — Workshop Experience — Pendency of workshop renewal applications — Effect on candidates — Where a recruitment notification mandates a minimum of one year of experience in a Government-approved workshop, candidates cannot be prejudiced or disqualified merely because the workshop’s application for renewal of approval was pending with the State authorities during the period they gained experience — Depriving an otherwise eligible candidate of employment due to an administrative “period of eclipse” or delay on the part of state machinery is arbitrary and discriminatory–Ashok Kumar Yadav v. State of Haryana, 1985 INSC 137, relied on; State of Uttar Pradesh v. Atul Kumar Dwivedi, 2022 INSC 24, Distinguished.

Jun 16, 2026 sclaw

RTI

Right to Information Act, 2005 — S. 24(4) — Madhya Pradesh Special Police Establishment Act, 1947 — S. 2(1), S. 3 — “Intelligence and Security Organisation” — Scope and Applicability of Exemption — Jurisdiction of Special Police Establishment (SPE) — The expression “intelligence and security organisations” under Section 24 of the RTI Act implies that the concerned entity must be statutory or institutionally empowered to handle matters of intelligence and national/state security — The Special Police Establishment (SPE) of Madhya Pradesh, established under Section 2(1) of the Act of 1947, is clothed with a limited jurisdiction restricted strictly to investigating offences punishable under the Prevention of Corruption Act, 1988, and select economic/fraud offenses under Sections 409, 420, and Chapter XVIII of the Indian Penal Code — Because neither the Lokayukt nor the SPE handles matters connected to general ‘intelligence’ and ‘security’, the SPE cannot be deemed an “intelligence and security organisation” under Section 24(4) of the RTI Act — Principle of institutional parity cannot be invoked to grant blanket exemptions to a anti-corruption investigation agency.

Jun 16, 2026 sclaw

C P C

Civil Procedure Code, 1908 (CPC) — Section 11, Explanation IV — Constructive Res Judicata — Application of the principle depends on the facts and circumstances of each case, considering the ambit of earlier proceedings and the nexus of the matter to the controversy — It is founded on public policy to prevent multiplicity of proceedings and avoid parties being vexed twice over for the same litigation — Parties are expected to exercise reasonable diligence and bring forward every point that properly belonged to the subject of litigation and which they might and ought to have brought forward — Negligence, inadvertence, or accident in omitting a part of the case does not exempt from its application.

Jun 16, 2026 sclaw

Accident

Motor Vehicles Act, 1988 — Section 165 and 166 — Liability for injuries sustained due to falling tree branch — Injuries caused by falling tree branch while vehicle was stationary under the tree during rain — Held, not an accident “arising out of the use of a motor vehicle” as the motor vehicle did not play an active role. [

Jun 16, 2026 sclaw

Category: Cr P C

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