Supreme Court of India Judgements

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Category: Cr P C

Cr P C

Quashing of proceedings – Money Laundering – HELD till the allegations are proved, the appellant would be innocent – High Court by the impugned order has recorded the finding without due consideration of the letter of the I.T. Department and other material in right perspective – Proceedings quashed – Appeal allowed.

May 9, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH J.SEKAR @SEKAR REDDY — Appellant Vs. DIRECTORATE OF ENFORCEMENT — Respondent ( Before : Vineet Saran and J.K. Maheshwari, JJ. ) Criminal Appeal No.…

Cr P C

Furlough – Multiple Murders – Death sentence reduced to life imprisonment by the Hon’ble President of India – If the person is not to get any remission and has to remain in prison for whole of the reminder of his natural life, that does not, as a corollary, means that his right to seek furlough is foreclosed

May 3, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ATBIR — Appellant Vs. STATE OF NCT OF DELHI — Respondent ( Before : Dinesh Maheshwari and Aniruddha Bose, JJ. ) Criminal Appeal No.…

Cr P C

(CrPC) – S 482 – Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 – S 2 and 3 – Quashing of proceedings – Appellant-accused contended that solely on the basis of a single FIR/charge sheet and that too with respect to a single murder, the appellant cannot be said to be a ‘Gangster’ and/or a member of the ‘Gang’ – HELD Even a single crime committed by a ‘Gang’ is sufficient to implant Gangsters Act on such members of the ‘Gang

Apr 28, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHRADDHA GUPTA — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Cr P C

Probation of Offenders Act, 1958 – Sections 3 and 4 – Theft – Probation – Sections 360 and 361 of the Cr.P.C also empower the courts to release the offenders on probation of good conduct HELD having regard to sentence imposed by the courts below on the appellants for the offence under Section 379 read with Section 34 of IPC, and having regard to the fact there are no criminal antecedents against the appellants, the court is inclined to give them the benefit of releasing them on probation of good conduct –

Apr 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SOM DUTT AND OTHERS — Appellant Vs. THE STATE OF HIMACHAL PRADESH — Respondent ( Before : Sanjiv Khanna and Bela M. Trivedi, JJ.…

Cr P C

(CrPC) – Sections 164, 190, 193 and 190(1)(b) – Summoning of accused – HELD Such jurisdiction to issue summons can be exercised even in respect of a person whose name may not feature at all in the police report, whether as accused or in column (2) thereof if the Magistrate is satisfied that there are materials on record which would reveal prima facie his involvement in the offence.

Mar 19, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NAHAR SINGH — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHERS — Respondent ( Before : Vineet Saran and Aniruddha Bose, JJ. )…

Cr P C

(CrPC) – Section 319 – Penal Code, 1860 (IPC) – Section 302 – Murder – Summoning as accused — crucial test to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, if goes unrebutted, would lead to conviction.

Mar 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAGAR — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Criminal Appeal…

Cr P C

(CrPC) – Section 108, 109, 110, 111, 117 and 122 – On violation, recourse, specified under Section 122 Cr.P.C. is permissible – HELD authorities to take action for violation of peace and tranquility in public order by the citizens of the locality, otherwise, by following the procedure as prescribed, the action may be taken by the competent authority.

Mar 9, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  DEVADASSAN — Appellant Vs. THE SECOND CLASS EXECUTIVE MAGISTRATE, RAMANATHAPURAM AND OTHERS — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. )…

Cr P C

National Investigation Agency Act, 2008 – Section 17 – Objective of Section 44, UAPA, Section 17, NIA Act, and Section 173(6) is to safeguard witnesses – They are in the nature of a statutory witness protection – On the court being satisfied that the disclosure of the address and name of the witness could endanger the family and the witness, such an order can be passed – They are also in the context of special provisions made for offences under special statutes.

Feb 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH WAHEED-UR-REHMAN PARRA — Appellant Vs. UNION TERRITORY OF JAMMU AND KASHMIR — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. )…

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