Supreme Court of India Judgements

47295 Judgements hosted as on 26/10/2026 - Search (FREE), Subscribe @ Rs 99/- for 6 months, sclaw@sclaw.in, WA +91 9417245693.

Category: Cr P C

Cr P C

Quashing of FIR – Held, In the absence of any specific role attributed to the accused-appellants, it would be unjust if the Appellants are forced to go through the tribulations of a trial, i.e., general and omnibus allegations cannot manifest in a situation where the relatives of the complainant’s husband are forced to undergo trial

Feb 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KAHKASHAN KAUSAR @ SONAM AND OTHERS — Appellant Vs. STATE OF BIHAR AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Krishna…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Sections 397 and 401 read with Section 482 – Penal Code, 1860 (IPC) – Section 302 – Army Act, 1950 – Sections 69 and 125 – Murder- Consequence of the decision of the High Court is to foist an obligation on the Army Authorities to hold a court-martial despite a clear and unequivocal submission to the jurisdiction of the Court of Sessions – Accused shall be transferred from military custody to civil custody to face trial – Appeal allowed.

Feb 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF SIKKIM — Appellant Vs. JASBIR SINGH AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Surya Kant, JJ.…

Cr P C

(CrPC) – Sections 372 and 378(4) – Appeal against order of acquittal – Victim has not to pray for grant of special leave to appeal, as the victim has a statutory right of appeal under Section 372 proviso and the proviso to Section 372 does not stipulate any condition of obtaining special leave to appeal like subsection (4) of Section 378 Cr.P.C. in the case of a complainant and in a case where an order of acquittal is passed in any case instituted upon complaint – Right provided to the victim to prefer an appeal against the order of acquittal is an absolute right

Jan 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JOSEPH STEPHEN AND OTHERS — Appellant Vs. SANTHANASAMY AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Criminal Appeal…

Cr P C

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(x) and 3(1)(xi) – Appeal against acquittal – Being the first appellate court, the High Court was required to re­appreciate the entire evidence on record and also the reasoning given by the learned Trial Court – It is well­ settled that the court of appeal has as wide powers of appreciation of evidence in an appeal against an order of acquittal. Remanded

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GEETA DEVI — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal…

Cr P C

Awarding death sentence is an exception, and life imprisonment is the rule. In deciding whether a case falls within the category of the rarest of rare, the brutality, and/or the gruesome and/or heinous nature of the crime is not the sole criterion – It is not just the crime which the Court is to take into consideration, but also the criminal, the state of his mind, his socio-economic background, etc.

Jan 20, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH BHAGWANI — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ. )…

Cr P C

Ordinarily, this Court is cautious in interfering with an order of acquittal, especially when the order of acquittal has been confirmed upto the High Court. It is only in rarest of rare cases, where the High Court, on an absolutely wrong process of reasoning and a legally erroneous and perverse approach to the facts of the case, ignoring some of the most vital facts, has acquitted the accused, that the same may be reversed by this Court, exercising jurisdiction under Article 136 of the Constitution

Jan 15, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH RAJESH PRASAD — Appellant Vs. THE STATE OF BIHAR AND ANOTHER ETC — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V.…

Cr P C

A large number of family members are shown in the FIR by casually mentioning their names and the contents do not disclose their active involvement, as such, taking cognizance of the matter against them was not justified – No external injuries noticed in the postmortem certificate, except the single ante-mortem injury i.e. ligature mark around the neck, and the cause of death is shown as asphyxia – No specific allegations disclosing the involvement of the appellants to prosecute them for the offences alleged – Chargesheet quashed – Appeal allowed.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MIRZA IQBAL @ GOLU AND ANOTHER — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : R. Subhash Reddy and…

Cr P C

(CrPC) – Sections 273, 275, 276, 278, 279, 299, 367 and 391 – Evidence Act, 1872 – Section 33 – Recording of evidence – Separate Trial – Whether the evidence recorded in a separate trial of co-accused can be read and considered by the appellate court in a criminal appeal arising out of another separate trial conducted against another accused, though for the commission of the same offence – HELD the scope of the appellate court’s power does not go beyond the evidence available before it in the form of a trial court record of a particular case, unless section 367 or section 391 of Cr.P.C. comes into play in a given case, which are meant for further inquiry or additional evidence while dealing with any criminal appeal.

Dec 16, 2021 sclaw

(2021) 13 SCALE 109 SUPREME COURT OF INDIA FULL BENCH A.T. MYDEEN AND ANOTHER — Appellant Vs. THE ASSISTANT COMMISSIONER, CUSTOMS DEPARTMENT — Respondent ( Before : Dr. D.Y. Chandrachud,…

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.…

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