Supreme Court of India Judgements

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Category: Cr P C

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 427 – Penal Code, 1860 (IPC) – Sections 34, 392, 394 and 397 – Robbery – Sentence on offender already sentenced for another offence – Appellant is involved in sixteen criminal cases HELD Considering the report of the Probation Officer, illness of the mother of the appellant, his family background, facts and circumstances of the case and in the interest of justice, this is a fit case for exercising discretion in directing the sentence of imprisonment to run concurrently.

Feb 1, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VICKY @ VIKAS — Appellant Vs. STATE (GOVT. OF NCT OF DELHI) — Respondent ( Before : R. Banumathi and A.S. Bopanna, JJ. )…

Cr P C

Penal Code, 1860 (IPC) Sections 420 and 120-B – Prevention of Corruption Act, 1988 – Sections 13(1)(d) and 13(2) – Fake loan to relatives – . The respondents are beneficiary of the grant of cash credit limit when their father was the President of the Bank. The power under Section 482 of the Code of Criminal Procedure, 1973 cannot be exercised where the allegations are required to be proved in court of law.

Feb 1, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH — Appellant Vs. YOGENDRA SINGH JADON AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ.…

Cr P C

Cheating – Quashing of proceedings – There are no such specific allegations against the appellants being Managing Director or the Director of the company respectively – It is required to be noted that though the FIR was filed in the year 2000 and the charge-sheet was submitted/filed as far back as on 28.5.2004, the appellants were served with the summons only in the year 2017, i.e., after a period of approximately 13 years from the date of filing the charge-sheet. QUASHED

Feb 1, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUSHIL SETHI AND ANOTHER — Appellant Vs. THE STATE OF ARUNACHAL PRADESH AND OTHERS — Respondent ( Before : Ashok Bhushan and M. R.…

Cr P C

Magistrate While Holding Inquiry U/s 202 CrPC Required To Take A Broad View And a Prima Facie Case: SC HELD criminal proceedings initiated are an abuse of process of law or the Court or not and/or whether the dispute is purely of civil nature or not and/or whether the civil dispute is tried to be given a colour of criminal dispute or not.

Feb 1, 2020 sclaw

  Magistrate While Holding Inquiry U/s 202 CrPC Required To Take A Broad View And a Prima Facie Case: SC [Read Judgment] LIVELAW NEWS NETWORK 31 Jan 2020 9:28 PM…

Cr P C

Dowry Prohibition Act, 1961 – Sections 3 and 4 – Penal Code, 1860 (IPC) – Sections 406, 420 and 498A – Criminal Procedure Code, 1973 (CrPC) – Section 216 – Framing of additional charges – It is clear that Section 216 provides the court an exclusive and wide-ranging power to change or alter any charge

Jan 21, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. NALLAPAREDDY SRIDHAR REDDY — Appellant Vs. THE STATE OF ANDHRA PRADESH AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 439 – Special powers of High Court or Court of Session regarding bail HELD Jurisdiction of the Court under Section 439 of the Code is limited to grant or not to grant bail pending trial – Even though the object of the Hon’ble Judge was laudable but the jurisdiction exercised was clearly erroneous

Jan 15, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE REP. BY THE INSPECTOR OF POLICE — Appellant Vs. M. MURUGESAN AND ANOTHERS — Respondent ( Before : L. Nageswara Rao and Hemant…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Sections 154 and 164 – Registration of FIR – Recording of confessions and statements – Section 154 of the Cr.P.C. provides about the information in cognizable cases and in effect registration of First Information Reports. The first Proviso to the sub-Section (1) of Section 154 inserted by the Amendment Act of 2013 and subsequently amended by the Amendment Act of 2018, provides for registration of First Information Report in cases of rape and sexual offences by a woman police officer or any woman officer

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH IN RE : ASSESSMENT OF THE CRIMINAL JUSTICE SYSTEM IN RESPONSE TO SEXUAL OFFENCES ( Before : S.A. Bobde, CJI, B.R. Gavai and Surya…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Sections 205 and 205 (2) – Dispensation with personal appearance/attendance – In the case of Bhaskar Industries Ltd. V. Bhiwani Denim & Apparels Ltd., (2001) 7 SCC 401, this Court has observed that if a Court is satisfied that in the interest of justice the personal attendance of an accused before it need not be insisted on, then the court has the power to dispense with the attendance of the accused – HELD consequently the application submitted by the appellant to dispense with his appearance before the learned Trial Court on all dates of adjournments and permitting his counsel to appear on his behalf is here by allowed on the conditions.

Dec 17, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PUNEET DALMIA — Appellant CENTRAL BUREAU OF INVESTIGATION, HYDERABAD — Respondent ( Before : Ashok Bhushan and M. R. Shah, JJ. ) Criminal Appeal…

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C P C Registration Act

An unregistered agreement of sale is admissible as evidence of the contract in a specific performance suit, under the proviso to Section 49, Registration Act.

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Cr P C

Prosecution for obstructing public servant (S.186 IPC) requires mens rea and compliance with S.195 Cr.PC; absence renders proceedings an abuse of process.

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Constitution Contempt

Freedom of Speech and Expression — Open Justice — Subjudice Principle — Contempt of Court – Such a direction, being a form of prior restraint, must satisfy twin tests of necessity and proportionality, applicable only in cases of real and substantial risk of prejudice to fairness of trial or proper administration of justice — Courts must be open to public observations, debates, and constructive criticism, even on subjudice matters, as open justice instills faith and checks judicial caprice

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Acquittal

Hostile witnesses — Effect — When a large number of witnesses, including eyewitnesses, turn hostile, prosecution case often collapses for want of evidence — While reasons for hostility can be varied (coercion, fear, monetary consideration, etc.), it cannot automatically lead to conviction based on prior S. 161 statements or IO’s testimony about such statements, as these are not substantive evidence — Court’s consternation at collapse of a serious case due to witness hostility cannot be a reason to convict on insufficient or inadmissible evidence, amounting to a moral conviction anathema to criminal jurisprudence.

May 13, 2025 sclaw