Supreme Court of India Judgements

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Category: Cr P C

Cr P C

Improper To Quash FIR U/s 482 CrPC When There Are Serious Triable Allegations – the contents of FIR and prima facie material, if any, requiring no proof. At such stage, the High Court cannot appreciate evidence nor can it draw its own inferences from contents of FIR and material relied on. HELD the High Court cannot act like the Investigating agency nor can exercise the powers like an Appellate Court.

Aug 16, 2021 sclaw

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 787 OF 2021 Kaptan Singh …Appellant Versus The State of Uttar Pradesh and others …Respondents J U…

Cr P C

CrPC – S 482 – IPC – Ss 409, 420, 467, 468, 471 and 477A read with 120B – In exceptional cases with caution and circumspection, giving brief reasons, High Court has power passed to pass an protection interim order. there may be allegations of abuse of process of law, converting a civil dispute into a criminal dispute, with a view to pressurize the accused. High Court has given elaborate reasons as to how the allegations of bank fraud were developed during the proceedings concerning allegations of election fraud.

Aug 8, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH A P MAHESH COOPERATIVE URBAN BANK SHAREHOLDERS WELFARE ASSOCIATION — Appellant Vs. RAMESH KUMAR BUNG AND OTHERS — Respondent ( Before : Indira Banerjee…

Cr P C

S E B I Act, 1992 – Ss 24(1) & 24A – Compounding of offence – SEBI’s consent cannot be mandatory before SAT or the Court before which the proceeding is pending, for exercising the power of compounding under Section 24A- offences which lie outside the IPC, compounding may be permitted only if the statute which creates the offence contains an express provision for compounding before such an offence can be made compoundable – Power of compounding must, in other words, be expressly conferred by the statute which creates the offence.

Aug 8, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRAKASH GUPTA — Appellant Vs. SECURITIES AND EXCHANGE BOARD OF INDIA — Respondent ( Before : Dr Dhananjaya Y Chandrachud and M R Shah,…

Cr P C

(CrPC) – Section 197 – Protection of Sanction – HELD to find out whether the alleged offence is committed “while acting or purporting to act in the discharge of his official duty” , the yardstick to be followed is to form a prima facie view whether the act of omission for which the accused was charged had a reasonable connection with the discharge of his duties.

Aug 8, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INDRA DEVI — Appellant Vs. STATE OF RAJASTHAN AND ANOTHER — Respondent ( Before : Sanjay Kishan Kaul and Hemant Gupta, JJ. ) Criminal…

Cr P C

Fraud and misappropriation of funds – Power under Section 156(3) can be exercised by the Magistrate even before he takes cognizance provided the complaint discloses the commission of cognizable offence – he is not to examine the complainant on oath because he was not taking cognizance of any offence therein

Aug 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S SUPREME BHIWANDI WADA MANOR INFRASTRUCTURE PRIVATE LIMITED — Appellant Vs. THE STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Dr. Dhananjaya…

Cr P C

Insecticides Act, 1968 – Ss 3(k)(i), 17, 18, 33, 29 – (CrPC) – Ss 200 & 202 – Misbranding HELD Proviso to Sec 200 of Cr PC, the Magistrate, while taking cognizance, need not record statement of such public servant, who has filed the complaint in discharge of his official duty – Further, by virtue of Section 293 of Cr PC, report of the Government Scientific Expert is, per se, admissible in evidence – Cr PC itself provides for exemption from examination of such witnesses, when the complaint is filed by a public servant

Aug 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. CHEMINOVA INDIA LTD AND ANOTHER — Appellant Vs. STATE OF PUNJAB AND ANOTHER — Respondent ( Before : Navin Sinha and R. Subhash…

Cr P C

REMISSION – if a prisoner has undergone more than 14 years of actual imprisonment, the State Government, as an appropriate Government, is competent to pass an order of premature release, but if the prisoner has not undergone 14 years or more of actual imprisonment, the Governor has a power to grant pardons, reprieves, respites and remissions of punishment or to suspend, remit or commute the sentence of any person de hors the restrictions imposed under Section 433-A of the Constitution

Aug 4, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF HARYANA AND OTHERS — Appellant Vs. RAJ KUMAR @ BITTU — Respondent ( Before : Hemant Gupta and A.S. Bopanna, JJ.…

Cr P C

(IPC) – Ss 425, 427 & 447 – Prevention of Damage of Public Property Act 1984 – S 3(1) – (CrPC) – S 321 – Allowing the prosecution to be withdrawn would only result in a singular result, which is that the elected representatives are exempt from the mandate of criminal law. This is not being in aid of the broad ends of public justice – CJM justified in declining withdrawal of the prosecution under S 321 Cr PC

Aug 1, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF KERALA — Appellant Vs. K. AJITH AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M. R. Shah,…

Cr P C

Compounding Must Be Conferred Statute Which Creates Offence HELD First, that private parties should be allowed to settle a dispute between them at any stage (with or without the permission of the Court, depending on the offence), even of a criminal nature, if proper restitution has been made to the aggrieved party. Second, that, however, this should not extend to situations where the offence committed is of a public nature, even when it may have directly affected the aggrieved party.

Jul 24, 2021 sclaw

Societal interest in the prosecution of crime which has a wider social dimension must be borne in mind “59….The first of these principles is crucial so as to allow for…

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Transfer Of Property Act

Transfer of Property Act, 1882 — Sections 54, 55 — Agreement to Sell vs. Sale Deed — An agreement to sell by itself does not create any interest or charge on the property. Ownership passes only upon execution of a conveyance (sale deed). An agreement to sell, even with possession, is not a conveyance and does not confer title or transfer interest, except for the limited right under Section 53-A for protection against the transferor.

Oct 26, 2025 sclaw
Bail Granted Cr P C

Criminal Procedure Code, 1973 (CrPC) — Suspension of Sentence — Bail Pending Appeal — Appellant incarcerated for over seven and a half years, appeal pending before High Court for years — Sufficient grounds exist for suspension of sentence and release on bail during appeal pendency — Order of High Court declining to suspend sentence set aside

Oct 26, 2025 sclaw
Anticipatory Bail Bail Granted

Bharatiya Nyaya Sanhita, 2023 — Sections 298, 299, 296, 115(2), 351(2) & Chhattisgarh Religion Act, 1968 — Section 4 — Bail in anticipation of arrest — Appellant joined investigation as directed by the court — High Court rejected bail application — Supreme Court considered materials on record and found appeal deserving acceptance — Appellant admitted to bail in anticipation of arrest.

Oct 26, 2025 sclaw
Bail Granted

Penal Code, 1860 (IPC) — Sections 394, 395, and 397 — Robbery and Attempt to Commit Robbery — Conviction and Sentencing — Appeal for suspension of sentence and bail — Appellants convicted by Trial Court for offences under Sections 394, 395, and 397 IPC. High Court confirmed conviction under Section 397 IPC and modified sentence to 8 years rigorous imprisonment, while holding no separate conviction for Sections 394 and 395 IPC.

Oct 26, 2025 sclaw