Supreme Court of India Judgements

47280 Judgements hosted as on 09/07/2026 - Search (FREE), Subscribe @ Rs 99/- for 6 months, sclaw@sclaw.in, WA +91 9417245693.

Category: Cr P C

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.…

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,…

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Constitution

Constitution of India, 1950 — Article 226 — Writ jurisdiction — Maintainability — Inclusion of advocate’s name in IBA “Caution List” — High Court dismissing writ petition on ground that Indian Banks’ Association (IBA) is not “State” under Art. 12 — Held, focus of maintainability has shifted from formal character of respondent body to nature of function performed and effect of impugned action on legally protected rights — Caution List operates as sector-wide adverse accreditation mechanism with public law element, having direct bearing on advocate’s right to practise profession under Art. 19(1)(g) — Writ petition against IBA held maintainable notwithstanding IBA not being “State” — Kishor S. Bhat v. Indian Banks’ Association, 2018 SCC OnLine Bom 2857, distinguished — Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust v. V.R. Rudani, (1989) 2 SCC 691; Zee Telefilms Ltd. v. Union of India, (2005) 4 SCC 649; S. Shobha v. Muthoot Finance Ltd., 2025 SCC OnLine SC 177, relied on.

Jul 9, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Section 100 — Second appeal — Scope of interference with concurrent findings on genuineness of a Will — Whether suspicious circumstances surrounding execution of a Will exist, and stand explained, is essentially a question of fact; a second appellate court cannot re-appreciate evidence and substitute its own view merely because another view is possible — Interference is permissible only where the finding is perverse, based on circumstances that are mere “figments of a doubting mind,” or is vitiated by an erroneous placement of onus — High Court exceeded its jurisdiction under S. 100 CPC in reversing well-reasoned concurrent findings of the Trial Court and First Appellate Court discarding the Will.

Jul 7, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 — Sections 209, 244 — Commitment of case exclusively triable by Court of Session — Whether Magistrate is required to record prosecution evidence under Section 244 CrPC before committing such a case, where the complaint is one instituted otherwise than on a police report — Held, no — Section 244 CrPC, which mandates the Magistrate to hear the prosecution and take evidence, occurs in Chapter XIX (Part B — “Cases instituted otherwise than on a police report”) and governs warrant-case trials before a Magistrate; it has no application where the offence (here, under Section 302 IPC) is exclusively triable by the Court of Session, which is governed instead by Section 209 CrPC — Under the scheme of the 1973 Code (unlike the erstwhile 1898 Code, which mandated a full committal inquiry with recording of evidence under Section 207-A), the Magistrate’s role at the pre-commitment stage is confined to ascertaining whether the offence is exclusively triable by the Sessions Court, and no evidence need be taken or evaluated by the Magistrate at that stage — Requiring witnesses to depose twice, once before the Magistrate and again before the Sessions Court, would serve no purpose and is not the mandate of law — High Court’s contrary view, requiring compliance with Section 244 CrPC even in a Sessions-triable case, proceeds on an erroneous reading of law and is unsustainable.

Jul 5, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Sections166, 168 — Compensation — Assessment of annual income of a self-employed deceased (wholesale grocery business) — Two ITRs filed after the death of the deceased excluded by the High Court altogether from the assessment of income — Held, following the principles in Rashmirekha Tripathy and Anr. v. The Branch Manager (Legal Claims), Sriram General Insurance Company Limited and Ors. [C.A. @ SLP(C) No.27220 of 2024, 2026 INSC 661], ITRs filed post-death call for closer scrutiny with reference to surrounding financial statements, since income may be inflated in such returns, but such returns are not to be excluded outright merely for being filed post-death — In the absence of the benefit of such surrounding financial statements on record, and it being inexpedient at this stage to remand the matter, annual income fixed with reference to the nature of the deceased’s wholesale grocery business at Rs.3,25,000 — Compensation recomputed applying 40% addition for future prospects (age 28 years), 1/4th deduction for personal expenses, and a multiplier of 17, together with conventional heads (loss of estate, funeral expenses, consortium) — Total compensation enhanced to Rs.60,79,550 (as against Rs.15,36,560 awarded by the Tribunal and Rs.38,40,850 awarded by the High Court), with interest as awarded by the Tribunal — Appeal allowed.

Jul 5, 2026 sclaw