Category: Cr P C

Mandatorily mention in a application for grant of bail: 1. Details and copies of order(s) passed in the earlier bail application(s) filed by the petitioner which have been already decided. 2. Details of any bail application(s) filed by the petitioner, which is pending either in any court, below the court in question or the higher court, and if none is pending, a clear statement to that effect has to be made 3. The registry of the court should also annex a pending bail application(s) in the crime case in question -4. It should be the duty of the Investigating Officer/any officer assisting the State Counsel in court to apprise him of the order(s), if any, passed by the court with reference to different bail applications or other proceedings in the same crime case

SUPREME COURT OF INDIA DIVISION BENCH KUSHA DURUKA — Appellant Vs. THE STATE OF ODISHA — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. ) Criminal Appeal No.…

Criminal Procedure Code, 1973 (CrPC) – Sections 197 and 482 – Penal Code, 1860 (IPC) – Sections 409, 419, 420, 423, 465, 466, 467, 468, 471 and 473 – Fabrication of records – Sanction for prosecution – Section 197 Cr.PC does not extend its protective cover to every act or omission of a public servant while in service – It is restricted to only those acts or omissions which are done by public servants in the discharge of official duties – Certainly, a view can be taken that manufacturing of such documents or fabrication of records cannot be a part of the official duty of a public servant

SUPREME COURT OF INDIA DIVISION BENCH SHADAKSHARI — Appellant Vs. STATE OF KARNATAKA AND ANOTHER — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. ) Criminal Appeal…

CHANDRABABU NAIDU -As we have expressed opinions taking different views on the interpretation of Section 17A of the Prevention of Corruption Act, 1988 as also its applicability to the appellant in the subject-case, we refer the matter to the Honble the Chief Justice of India. The Registry to place the papers before the Honble the Chief Justice of India so that appropriate decision can be taken for the constitution of a Larger Bench in this case for adjudication on the point on which contrary opinions have been expressed by us.

SUPREME COURT OF INDIA DIVISION BENCH NARA CHANDRABABU NAIDU Vs. THE STATE OF ANDHRA PRADESH AND ANOTHER ( Before : Aniruddha Bose and Bela M. Trivedi, JJ. ) Criminal Appeal…

Rs 25 LAKHS IMPOSED ON UNSCRUPLOUS LITIGANT – Unnecessary turning of a civil matter into a criminal case not only overburdens the criminal justice system but also violates the principles of fairness and right conduct in legal matters – Unscrupulous litigants should not be allowed to go scot-free – They should be put to strict terms and conditions including costs. It is time to check with firmness such litigation initiated and laced with concealment, falsehood, and forum hunting – Even State actions or conduct of government servants being party to such malicious litigation should be seriously reprimanded – This Court impose costs of Rs. 25 lakhs on respondent-complainant.

SUPREME COURT OF INDIA DIVISION BENCH DINESH GUPTA — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. )…

BILKIS BANO – In a case where the trial has been transferred by this Court from a court of competent jurisdiction of a State to a court in another State, it is still the Government of the State within which the offender was sentenced which is the appropriate Government which has the jurisdiction as well as competency to pass an order of remission under Section 432 of the CrPC – Therefore, it is not the Government of the State within whose territory the offence occurred or the convict is imprisoned which can assume the power of remission – Gujarat Government’s order granting remission to 11 convicts is quashed

SUPREME COURT OF INDIA DIVISION BENCH BILKIS YAKUB RASOOL — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : B.V. Nagarathna and Ujjal Bhuyan, JJ. ) Writ…

Penal Code, 1860 (IPC) – Sections 376 and 506 – Rape – Quashing of FIR – The appellant’s main argument was that the prosecution against him was an abuse of process of law – consensual relationship – the Supreme Court set aside the High Court’s judgment and quashed the FIR against the appellant – Appeal Allowed

SUPREME COURT OF INDIA DIVISION BENCH AJEET SINGH — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. )…

Criminal Procedure Code, 1973 (CrPC) – Section 389 – Suspension of sentence – Appellate Court is unambiguously vested with the power to suspend implementation of the sentence or the order of conviction under appeal and grant bail to the incarcerated convict, for which it is imperative to assign the reasons in writing – In order to suspend the conviction of an individual, the primary factors that are to be looked into, would be the peculiar facts and circumstances of that specific case, where the failure to stay such a conviction would lead to injustice or irreversible consequences

SUPREME COURT OF INDIA FULL BENCH AFJAL ANSARI — Appellant Vs. STATE OF UP — Respondent ( Before : Surya Kant, Dipankar Datta and Ujjal Bhuyan, JJ. ) Criminal Appeal…

Quashing of FIR – Mixing hydrocarbons in different proportions by using mixing machines create a mixture that looks exactly like petrol and diesel – Non-production an expert’s report -Unless there was a material forming part of the charge­sheet to show the nature of the liquid, no offence is made out – Now, it is too late for the State to file a report after a gap of more than two years – FIR quashed – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH SURESH AND OTHERS — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal…

Cr P C – Section 482 – Second petition – Maintainability – A second petition not maintainable under Section 482 Cr.P.C. on grounds that were available for challenge even at the time of filing of the first petition – Filing of the charge sheet and cognizance thereof by the Court concerned were well before the filing of the first petition under Section 482 Cr.P.C., wherein challenge was made only to the sanction order – That being so, the petitioner was not at liberty to again invoke the inherent jurisdiction of the High Court in relation to the charge sheet and the cognizance order at a later point of time.

SUPREME COURT OF INDIA DIVISION BENCH BHISHAM LAL VERMA — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : C.T. Ravikumar And Sanjay Kumar, JJ. )…

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