Supreme Court of India Judgements

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Category: Cr P C

Cr P C

(CrPC) – Sections 372 and 378(4) – Appeal against order of acquittal – Victim has not to pray for grant of special leave to appeal, as the victim has a statutory right of appeal under Section 372 proviso and the proviso to Section 372 does not stipulate any condition of obtaining special leave to appeal like subsection (4) of Section 378 Cr.P.C. in the case of a complainant and in a case where an order of acquittal is passed in any case instituted upon complaint – Right provided to the victim to prefer an appeal against the order of acquittal is an absolute right

Jan 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JOSEPH STEPHEN AND OTHERS — Appellant Vs. SANTHANASAMY AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Criminal Appeal…

Cr P C

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(x) and 3(1)(xi) – Appeal against acquittal – Being the first appellate court, the High Court was required to re­appreciate the entire evidence on record and also the reasoning given by the learned Trial Court – It is well­ settled that the court of appeal has as wide powers of appreciation of evidence in an appeal against an order of acquittal. Remanded

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GEETA DEVI — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal…

Cr P C

Awarding death sentence is an exception, and life imprisonment is the rule. In deciding whether a case falls within the category of the rarest of rare, the brutality, and/or the gruesome and/or heinous nature of the crime is not the sole criterion – It is not just the crime which the Court is to take into consideration, but also the criminal, the state of his mind, his socio-economic background, etc.

Jan 20, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH BHAGWANI — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ. )…

Cr P C

Ordinarily, this Court is cautious in interfering with an order of acquittal, especially when the order of acquittal has been confirmed upto the High Court. It is only in rarest of rare cases, where the High Court, on an absolutely wrong process of reasoning and a legally erroneous and perverse approach to the facts of the case, ignoring some of the most vital facts, has acquitted the accused, that the same may be reversed by this Court, exercising jurisdiction under Article 136 of the Constitution

Jan 15, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH RAJESH PRASAD — Appellant Vs. THE STATE OF BIHAR AND ANOTHER ETC — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V.…

Cr P C

A large number of family members are shown in the FIR by casually mentioning their names and the contents do not disclose their active involvement, as such, taking cognizance of the matter against them was not justified – No external injuries noticed in the postmortem certificate, except the single ante-mortem injury i.e. ligature mark around the neck, and the cause of death is shown as asphyxia – No specific allegations disclosing the involvement of the appellants to prosecute them for the offences alleged – Chargesheet quashed – Appeal allowed.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MIRZA IQBAL @ GOLU AND ANOTHER — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : R. Subhash Reddy and…

Cr P C

(CrPC) – Sections 273, 275, 276, 278, 279, 299, 367 and 391 – Evidence Act, 1872 – Section 33 – Recording of evidence – Separate Trial – Whether the evidence recorded in a separate trial of co-accused can be read and considered by the appellate court in a criminal appeal arising out of another separate trial conducted against another accused, though for the commission of the same offence – HELD the scope of the appellate court’s power does not go beyond the evidence available before it in the form of a trial court record of a particular case, unless section 367 or section 391 of Cr.P.C. comes into play in a given case, which are meant for further inquiry or additional evidence while dealing with any criminal appeal.

Dec 16, 2021 sclaw

(2021) 13 SCALE 109 SUPREME COURT OF INDIA FULL BENCH A.T. MYDEEN AND ANOTHER — Appellant Vs. THE ASSISTANT COMMISSIONER, CUSTOMS DEPARTMENT — Respondent ( Before : Dr. D.Y. Chandrachud,…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Summoning of additional accused – Power to proceed against other persons appearing to be guilty of offence – During the trial if it is found that other accused persons who committed the offence are not charge-sheeted, the Court may array those persons as accused in exercise of powers under Section 319 Cr.P.C.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S SUVARNA COOPERATIVE BANK LIMITED — Appellant Vs. STATE OF KARNATAKA AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Sections 120B, 408, 409, 420 and 149 – Quashing of criminal proceedings – Merely because some other persons who might have committed the offences, but were not arrayed as accused and were not charge-sheeted cannot be a ground to quash the criminal proceedings against the accused who is charge-sheeted after a thorough investigation.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S SUVARNA COOPERATIVE BANK LIMITED — Appellant Vs. STATE OF KARNATAKA AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Cr P C

(CrPC) – S 482 – (IPC) – S 385 – Extortion – When a specific role was attributed to the accused, the High Court could not have quashed the FIR under Section 482 of the CrPC – cannot place reliance on a “draft charge-sheet” which is yet to be placed before the Magistrate to quash the criminal proceedings under Section 482.

Nov 13, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  JITUL JENTILAL KOTECHA — Appellant Vs. STATE OF GUJARAT AND OTHERS ETC — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and B.V. Nagarathna,…

Cr P C

Penal Code, 1860 (IPC) – Sections 452, 323, 325, 504, 506(2) and 114 – Criminal Procedure Code, 1973 (CrPC) – Section 482 – Criminal proceedings quashed – Appeal against – Observation made by the High Court that in view of bar under Section 197 of the Code of Criminal Procedure and no sanction was obtained is concerned cannot be ground to quash criminal proceedings in exercise of powers under Section 482 of the Code of Criminal Procedure – On the ground of delay in lodging FIR/complaint, the criminal proceedings cannot be quashed under Section 482 of the Cr P C

Oct 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHANTABEN BHURABHAI BHURIYA — Appellant Vs. ANAND ATHABHAI CHAUDHARI AND OTHERS — Respondent ( Before : M.R. Shah and Aniruddha Bose, JJ. ) Criminal…

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I P C

Defamation — Imputation in Good Faith for Protection of Interests — Exception 9 to S. 499 IPC engrafts the principle of qualified privilege, stating it is not defamation to make an imputation on the character of another, provided it is made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good

Apr 20, 2025 sclaw
Corporate

ESI – The definition of ‘principal employer’ under Section 2(17) is wide and includes not only the owner or occupier of a factory (or head of department in government establishments) but also the managing agent or any person responsible for the supervision and control of the establishment — Designation is immaterial if the person functions as a managing agent or supervises/controls the establishment

Apr 20, 2025 sclaw
Anticipatory Bail

Habitual Offender/Criminal Antecedents — Consideration of Nature of Current Offence — While the criminal antecedents and alleged status of an accused as a habitual offender are extremely relevant factors that ordinarily weigh against the grant of anticipatory bail, the High Court’s discretion in granting such bail may not warrant interference

Apr 20, 2025 sclaw
Circumstantial Evidence I P C

Murder (Filicide) vs. Suicide — In cases based on circumstantial evidence where the question is whether the death was homicidal (filicide) or suicidal, the prosecution must establish a complete chain of circumstances that points exclusively to the guilt of the accused and is inconsistent with any hypothesis of innocence

Apr 20, 2025 sclaw