Supreme Court of India Judgements

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Category: Cr P C

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court to quash FIR — Prevention of Corruption Act, 1988 — Allegations against former Minister (Chairman of Regularisation Committee) regarding illegal land allotments to non-eligible persons — Principles for quashing FIR reiterated, including where institution and continuance of proceedings amount to abuse of process of court or securing ends of justice, or where proceedings are manifestly attended with mala fide (Bhajanlal guidelines) — High Court should follow steps outlined in Rajiv Thapar vs. Madan Lal Kapoor to determine veracity of quashing prayer. (Paras 12, 12, I-III)

Dec 17, 2025 sclaw

2025 INSC 1441 SUPREME COURT OF INDIA DIVISION BENCH R. ASHOKA Vs. STATE OF KARNATAKA AND OTHERS ( Before : Sanjay Karol and Vipul M. Pancholi, JJ. ) Criminal Appeal…

Additional Accused Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 319 — Summoning of Additional Accused — Nature and Scope of Power — The power under Section 319 CrPC is extraordinary and discretionary, intended to be exercised sparingly, but it is an enabling provision aimed at ensuring that no guilty person escapes the process of law — The prerequisite for its exercise is that it must appear from the evidence adduced during inquiry or trial that a person not already arraigned as an accused has committed an offence — The object is to ensure a fair and complete trial and give effect to the maxim ‘judex damnatur cum nocens absolvitur’ (Judge is condemned when guilty is acquitted). (Paras 6, 7)

Dec 14, 2025 sclaw

2025 INSC 1386 SUPREME COURT OF INDIA DIVISION BENCH NEERAJ KUMAR @ NEERAJ YADAV Vs. STATE OF U.P. AND OTHERS ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ.…

Cr P C

Criminal Procedure Code (CrPC), 1973 — Section 436-A — Applicability — Undertrial detention exceeding half of maximum sentence — Section 436-A mandates release of undertrial prisoners who have undergone detention extending up to one-half of maximum period of imprisonment specified for the offence, unless further detention is ordered with reasons — Exception: This provision is explicitly inapplicable to offences for which the punishment of death has been specified as one of the possible punishments under that law. (Paras 7, 9.2, 11)

Dec 12, 2025 sclaw

2025 INSC 1418 SUPREME COURT OF INDA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION Vs. DAYAMOY MAHATO ETC. ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. ) Criminal Appeal…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of First Information Report (FIR) — Abuse of process of law — When civil dispute is masked as criminal complaint — Allegations in FIR (claiming criminal conspiracy, forcible occupation, and caste abuse) found inconsistent with contemporaneous civil suit filed by the informant regarding the same property and on the same day — Suit’s cause of action traced to earlier dates and did not mention the specific criminal incident alleged in the FIR — Absence of relief to set aside primary sale deeds in the suit suggests the criminal allegations are an afterthought or exaggerated — FIR quashed as a clear abuse of the process of law. (Paras 3, 6, 8, 9, 10)

Dec 10, 2025 sclaw

2025 INSC 1402 SUPREME COURT OF INDIA DIVISION BENCH AMAL KUMAR AND OTHERS Vs. THE STATE OF JHARKHAND AND ANOTHER ( Before : Ahsanuddin Amanullah and K. Vinod Chandran, JJ.…

Cr P C

Criminal Procedure Code, 1973 — Section 227 — Discharge of Accused — Principles for deciding discharge application — Standard of proof for framing charge — The Court, at the stage of framing charge, must sift the evidence to determine if there is a “sufficient ground for proceeding”; a prima facie case must be established — If two views are possible and one gives rise to “suspicion only, as distinguished from grave suspicion,” the trial Judge is empowered to discharge the accused — The Judge is not a “mere post office” but must exercise judicial mind to determine if a case for trial is made out — The strong suspicion required to frame a charge must be founded on material that can be translated into evidence at trial — Where the profile of allegations renders the existence of strong suspicion patently absurd or inherently improbable, the accused should be discharged. (Paras 14, 15, 16, 17)

Dec 8, 2025 sclaw

2025 INSC 1373 SUPREME COURT OF INDIA DIVISION BENCH TUHIN KUMAR BISWAS @ BUMBA Vs. THE STATE OF WEST BENGAL ( Before : Nongmeikapam Kotiswar Singh and Manmohan, JJ. )…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 321 — Withdrawal from prosecution — Requirement of High Court permission for withdrawal of cases against sitting or former MPs/MLAs — Following Ashwini Kumar Upadhyay v. Union of India — High Court must exercise judicial mind and give a reasoned order when considering an application for permission to withdraw prosecution against sitting/former legislators — Application must disclose reasons for withdrawal and records of the case must be before the High Court — Absence of requisite permission from the High Court means that the withdrawal application cannot be granted and the criminal proceedings cannot be quashed on this ground — High Court’s rejection of quashing petition confirmed. (Paras 2, 7, 9, 10)

Dec 8, 2025 sclaw

2025 INSC 1378 SUPREME COURT OF INDIA DIVISION BENCH BAL KUMAR PATEL @ RAJ KUMAR Vs. STATE OF U.P ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. )…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing of Criminal Proceedings — Indian Penal Code (IPC), 1860 — Sections 420 (Cheating), 344 (Wrongful confinement for ten or more days), and 506 (Criminal intimidation) — Scope of quashing power: Quashing under Section 482 CrPC must be exercised sparingly, with circumspection, and only in exceptional situations; court must avoid delving into disputed facts at the pre-trial stage — Interference is warranted only when the case falls within recognized parameters (like those in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335) — Where allegations in FIR and charge sheet, corroborated by witness statements, prima facie disclose essential ingredients of offences under Sections 420, 344, and 506 IPC, quashing is unwarranted. (Paras 12, 18, 20, 23, 25, 30, 32, 34)

Dec 7, 2025 sclaw

2025 INSC 1384 SUPREME COURT OF INDIA DIVISION BENCH ROCKY Vs. STATE OF TELANGANA AND ANOTHER ( Before : Sanjay Karol and Vipul M. Pancholi, JJ. ) Criminal Appeal No…of…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 319 — Summoning of Additional Accused — Nature and Scope of Power — The power under Section 319 CrPC is extraordinary and discretionary, intended to be exercised sparingly, but it is an enabling provision aimed at ensuring that no guilty person escapes the process of law — The prerequisite for its exercise is that it must appear from the evidence adduced during inquiry or trial that a person not already arraigned as an accused has committed an offence — The object is to ensure a fair and complete trial and give effect to the maxim ‘judex damnatur cum nocens absolvitur’ (Judge is condemned when guilty is acquitted). (Paras 6, 7)

Dec 7, 2025 sclaw

2025 INSC 1386 SUPREME COURT OF INDIA DIVISION BENCH NEERAJ KUMAR @ NEERAJ YADAV Vs. STATE OF U.P. AND OTHERS ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ.…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 321 — Withdrawal from prosecution — Requirement of High Court permission for withdrawal of cases against sitting or former MPs/MLAs — Following Ashwini Kumar Upadhyay v. Union of India — High Court must exercise judicial mind and give a reasoned order when considering an application for permission to withdraw prosecution against sitting/former legislators — Application must disclose reasons for withdrawal and records of the case must be before the High Court — Absence of requisite permission from the High Court means that the withdrawal application cannot be granted and the criminal proceedings cannot be quashed on this ground — High Court’s rejection of quashing petition confirmed. (Paras 2, 7, 9, 10)

Dec 4, 2025 sclaw

2025 INSC 1378 SUPREME COURT OF INDIA DIVISION BENCH BAL KUMAR PATEL @ RAJ KUMAR Vs. STATE OF U.P ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. )…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 313 — Examination of Accused — Object and Scope — Non-compliance with mandatory requirement — Fair Trial — The object of Section 313 CrPC is to ensure a fair trial by providing the accused with an opportunity to explain all incriminating circumstances appearing in the prosecution evidence against them personally — It is a mandatory, non-negotiable obligation upon the Court and is not a mere formality; it is based on the cardinal principle of natural justice (audi alterum partem) — The statement cannot be the sole basis for conviction and is neither substantive nor a substitute piece of evidence. (Paras 6, 7.1, 7.2)

Dec 3, 2025 sclaw

2025 INSC 1371 SUPREME COURT OF INDIA DIVISION BENCH CHANDAN PASI AND OTHERS Vs. THE STATE OF THE BIHAR ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. )…

You missed

C P C

Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of plaint — Abuse of process — Family arrangement (KBPP) and Conciliation Award — Allegations of undue influence, coercion, misrepresentation, and fabrication — Grounds for challenge were distinct for KBPP and Award — Lower courts erred in rejecting plaint by treating documents as one Conciliation Award and dismissing allegations of fraud due to admitted execution of KBPP — Allegations of coercion need not be limited to life threat and can arise from subservience — Rejection of plaint was erroneous as prima facie cause of action disclosed, suit not vexatious or abuse of process.

Feb 10, 2026 sclaw
Bail Granted

Bharatiya Nyaya Sanhita, 2023 — Section 108, 80, 103, 85 — Dowry Prohibition Act, 1961 — Sections 3, 4 — Offences — Abetment to suicide, Dowry death, Murder — Allegations of extra-marital relationship, demand of money/dowry — Deceased died of poisoning/injection — Autopsy findings — Prosecution case not strong at bail stage.

Feb 1, 2026 sclaw
Labour Cases

Industrial Disputes Act, 1947 — Section 33(1) — Requirement for employer to seek permission before altering service conditions or stopping work of workmen during pendency of dispute — Failure to do so constitutes a breach of the Act.

Feb 1, 2026 sclaw
Labour Cases

Industrial Disputes Act, 1947 — Sections 10(1), 12 — Reference of industrial dispute — Apprehended dispute — Appropriate Government’s power to refer — The appropriate Government has the power to refer an industrial dispute for adjudication if it is of the opinion that such dispute exists or is apprehended. The initiation of conciliation proceedings under Section 12 does not statutorily require a prior demand notice to the employer as a pre-condition to approaching the Conciliation Officer. The management’s argument that a prior demand notice is essential, based on certain previous judgments, fails as it ignores the provision for referring an apprehended dispute, which can be invoked to prevent industrial unrest

Feb 1, 2026 sclaw