Supreme Court of India Judgements

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Category: Cr P C

Cr P C

Magistrate, on remand, has passed an order under Section 156(3) directing registration of the FIR – He is required to examine, apply his judicious mind and then exercise discretion whether or not to issue directions under Section 156(3) or whether he should take cognizance and follow the procedure under Section 202 – Order directing registration of the FIR is set aside – Appeal allowed.

May 9, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KAILASH VIJAYVARGIYA — Appellant Vs. RAJLAKSHMI CHAUDHURI AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Criminal Appeal No.…

Cr P C

Penal Code, 1860 (IPC) – Sections 302, 120-B, 506 read with 34 – Arms Act, 1959 – Section 27 – Conviction and sentence – Acquittal – The question is whether a convict has a fair chance of being acquitted based on palpable evidence – If the answer is yes, the convict should not be kept in custody for a long time until the appeal is decided

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH OMPRAKASH SAHNI — Appellant Vs. JAI SHANKAR CHAUDHARY AND ANOTHER ETC. — Respondent ( Before : M.R. Shah and J.B. Pardiwala, JJ. ) Criminal…

Acquittal Cr P C Waqf

(CrPC) – Ss 472 and 482 – Wakf Act, 1995 – Ss 3(ee) and 52A – Quashing of criminal complaint – Section 52A cannot cover cases where leases of wakf properties had expired in the past and where the tenant or lessee was, at the time the amendment of 2013 came into force, in physical possession and facing civil proceedings for eviction – Appeal allowed.

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH P. V. NIDHISH AND OTHERS — Appellant Vs KERALA STATE WAKF BOARD AND ANOTHER — Respondent ( Before : S. Ravindra Bhat and Dipankar…

Bail Granted Cr P C

HELD there is no bar against conducting further investigation under Section 173(8) of the CrPC after the final report submitted under Section 173(2) of the CrPC has been accepted – Prior to carrying out further investigation under Section 173(8) of the CrPC it is not necessary that the order accepting the final report should be reviewed, recalled or quashed – Further investigation is merely a continuation of the earlier investigation the accused has not be heard.

May 3, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE THROUGH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. HEMENDHRA REDDY AND ANOTHER. ETC. — Respondent ( Before : Surya Kant and J.B. Pardiwala,…

Constitution Cr P C

SCOI to constitute a three-judge bench to hear Central government’s application seeking the recall of a top court verdict wherein it had ruled in Ritu Chhabaria v. Union of India that an accused will be entitled to default bail if an incomplete charge sheet is filed by the investigating agency .

May 2, 2023 sclaw

SCOI to constitute a three-judge bench to hear Central government’s application seeking the recall of a top court verdict wherein it had ruled that an accused will be entitled to…

Bail Granted Constitution Cr P C

Right of default bail under Section 167(2) of the CrPC is not merely a statutory right, but a fundamental right that flows from Article 21 of the Constitution of India – During the pendency of the investigation, supplementary chargesheets were filed by the Investigation Agency just before the expiry of 60 days – Interim order of bail is upheld.

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RITU CHHABARIA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Krishna Murari and C. T. Ravikumar, JJ. ) Writ…

Cr P C

(CrPC) – Section 385 – Procedure for hearing appeal – In the absence of the records of the Court of Trial conviction cannot be upheld – Language of Section 385 shows that the Court sitting in appeal governed thereby is required to call for the records of the case from the concerned Court below

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JITENDRA KUMAR RODE — Appellant Vs. UNION OF INDIA — Respondent ( Before : Krishna Murari and Sanjay Karol, JJ. ) Criminal Appeal No.…

Cr P C

(CrPC) – Section 482 – Penal Code, 1860 (IPC) – Section 147, 148, 149, 452, 324, 307, 342 and 506 – Quashing of FIR – the irresistible conclusion to be drawn by this court is to accept the report of the jurisdictional police where under they have arrived at a conclusion that incident projected by the complainant appears to be false, and thereby the proceedings against the appellant deserves to be quashed – Appeal allowed.

Apr 24, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RITU TOMAR — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : B.R. Gavai and Aravind Kumar, JJ. ) Criminal Appeal…

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POCSO

Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus

Jun 29, 2025 sclaw
Joint Family Property Will & Succession

Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.

Jun 28, 2025 sclaw
Anticipatory Bail Cr P C

Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration.

Jun 28, 2025 sclaw
Cr P C

Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content.

Jun 28, 2025 sclaw