Supreme Court of India Judgements

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Category: Cr P C

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…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Using casteist slur against neighbour – Quashing of proceedings – Compromise – Article 142 powers can be used – Mere fact that the offence is covered under a ‘special statute’ would not refrain this Court or the High Court, from exercising their respective powers under Article 142 of the Constitution or Section 482 Cr.P.C. – Proceedings quashed

Oct 30, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH RAMAWATAR — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and Hima Kohli, JJ. ) Criminal…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Sections 405, 419 and 420 – Quashing of proceedings – Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction – Proceedings quashed – Appeal allowed.

Oct 26, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  MITESH KUMAR J. SHA — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Krishna Murari,…

Cr P C

Prisons Act, 1894 – Section 59 – Prisons (Bombay Furlough and Parole) Rules, 1959 – Rules 4(4), 4(6) and 4(10) – Rape Case – Prisoner sentenced to life imprisonment – Furlough Leave – Appeal against – Jail Superintendent has given a negative opinion based on the fact that the respondent kept a mobile phone inside the jail illegally and attempted to make contacts with the outside world – Rule 4(4) of the Rules provides for denial of furlough on grounds of disturbance to public peace and tranquillity – Order of High Court directed the release of respondent on furlough set aside – Appeal allowed.

Oct 20, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF GUJARAT AND ANOTHER — Appellant Vs. NARAYAN @ NARAYAN SAI @ MOTA BHAGWAN ASARAM @ ASUMAL HARPALANI — Respondent ( Before :…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 223 and 223(a) – Penal Code, 1860 (IPC) – Sections 34, 217, 218, 120B, 306, 328, 363A, 366 and 376 – Non-joinder of trials – Joint trial – Re-trial – Miscarriage of justice- A conviction or acquittal of the accused cannot be set aside on the mere ground that there was a possibility of a joint or a separate trial. To set aside the order of conviction or acquittal, it must be proved that the rights of the parties were prejudiced because of the joint or separate trial, as the case may be. Appeal allowed.

Oct 11, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH NASIB SINGH — Appellant Vs. THE STATE OF PUNJAB AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Vikram Nath and B.V.…

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