Category: Cr P C

Criminal Procedure Code, 1973 — Section 227 — Discharge of Accused — Principles for deciding discharge application — Standard of proof for framing charge — The Court, at the stage of framing charge, must sift the evidence to determine if there is a “sufficient ground for proceeding”; a prima facie case must be established — If two views are possible and one gives rise to “suspicion only, as distinguished from grave suspicion,” the trial Judge is empowered to discharge the accused — The Judge is not a “mere post office” but must exercise judicial mind to determine if a case for trial is made out — The strong suspicion required to frame a charge must be founded on material that can be translated into evidence at trial — Where the profile of allegations renders the existence of strong suspicion patently absurd or inherently improbable, the accused should be discharged. (Paras 14, 15, 16, 17)

2025 INSC 1373 SUPREME COURT OF INDIA DIVISION BENCH TUHIN KUMAR BISWAS @ BUMBA Vs. THE STATE OF WEST BENGAL ( Before : Nongmeikapam Kotiswar Singh and Manmohan, JJ. )…

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing of criminal proceedings — Scope — Principles for quashing FIR or complaint under Section 482 CrPC, including where allegations, taken at face value, do not constitute any offence, or where the proceeding is manifestly attended with mala fide or maliciously instituted with an ulterior motive (referring to State of Haryana vs. Bhajan Lal) — High Court error in refusing to quash proceedings despite clear absence of ingredients for the alleged offences. (Paras 12, 17, 25, 26, 27)

2025 INSC 1350 SUPREME COURT OF INDIA DIVISION BENCH INDER CHAND BAGRI Vs. JAGADISH PRASAD BAGRI AND ANOTHER ( Before : B.V. Nagarathna and R. Mahadevan, JJ. ) Criminal Appeal…

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 528 — Penal Code, 1860 (IPC) — Sections 376, 376(2)(n), and 507 — Allegation of rape based on false promise of marriage — Relationship continued for three years; physical relations established multiple times — Complainant, an educated and married woman, engaged in the relationship voluntarily and without protest or complaint until the break-up — Lodging of FIR three months after the last physical contact, subsequent to the appellant refusing a demand for money — Held, the relationship was consensual; physical intimacy in a long-standing, functioning relationship, which later turns acrimonious, cannot be retrospectively branded as rape — Refusal to fulfill a monetary demand led to the institution of criminal proceedings, amounting to an abuse of the court machinery — FIR and Charge-sheet quashed. (Paras 6, 7, 9, 16, 23, 28, 29, 32, 33, 40, 41)

2025 INSC 1351 SUPREME COURT OF INDIA DIVISION BENCH SAMADHAN S/O SITATRAM MANMOTHE Vs. STATE OF MAHARASTHRA AND ANOTHER ( Before : B.V. Nagarathna and R. Mahadevan, JJ. ) Criminal…

Criminal Procedure Code, 1973 (CrPC) — Section 482 [BNSS Section 528] — Quashing of FIR — Abuse of process — Factual matrix for all offences arose from a single transaction — Compromise accepted as genuine for some offences should equally dilute the foundation of other charges based on the same allegations — Continued prosecution for dacoity after settlement for other offences held unjustified and quashed.

2025 INSC 1323 SUPREME COURT OF INDIA DIVISION BENCH PRASHANT PRAKASH RATNAPARKI AND OTHERS Vs. THE STATE OF MAHARASHTRA AND ANOTHER ( Before : Vikram Nath and Sandeep Mehta, JJ.…

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing of criminal proceedings — Arms Act, 1959 — Section 13(2A) — Prosecution of public servant (IAS officer/District Magistrate) for alleged irregularities in issuing arms licenses and criminal conspiracy (Sections 109, 419, 420, 467, 468, 471, 120B IPC and Section 30 Arms Act) — Delay in investigation and sanction — Quashing justified where sanction is non-speaking and investigation is inordinately and unjustifiably delayed.

2025 INSC 1339 SUPREME COURT OF NDIA DIVISION BENCH ROBERT LALCHUNGNUNGA CHONGTHU @ R L CHONGTHU Vs. STATE OF BIHAR ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ.…

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Quashing of criminal proceedings — Arms Act, 1959 — Section 13(2A) — Prosecution of public servant (IAS officer/District Magistrate) for alleged irregularities in issuing arms licenses and criminal conspiracy (Sections 109, 419, 420, 467, 468, 471, 120B IPC and Section 30 Arms Act) — Delay in investigation and sanction — Quashing justified where sanction is non-speaking and investigation is inordinately and unjustifiably delayed.

2025 INSC 1339 SUPREME COURT OF NDIA DIVISION BENCH ROBERT LALCHUNGNUNGA CHONGTHU @ R L CHONGTHU Vs. STATE OF BIHAR ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ.…

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

SUPREME COURT OF INDIA DIVISION BENCH MUNCHUN KHAN Vs. THE STATE OF BIHAR ( Before : Dipankar Datta and Augustine George Masih, JJ. ) Criminal Appeal No….of 2025 [Arising out…

Criminal Procedure Code, 1973 (CrPC) — Sections 451 & 457 — Release of Seized Property — Trial Court rejecting release application for iron ore on grounds of applicant’s failure to substantiate ownership — High Court setting aside trial court’s order without examining correctness of its finding on ownership — High Court should have either agreed with trial court’s finding on ownership or recorded reasons for disagreeing — Failure to do so warrants interference and remand.

SUPREME COURT OF INDIA DIVISION BENCH RANGE FOREST OFFICER Vs. M/S RAJAMAHAL SILKS AND OTHERS ( Before : Manoj Misra and Ujjal Bhuyan, JJ. ) Criminal Appeal Nos….. of 2025…

Criminal Procedure Code, 1973 (CrPC) — Section 366 — Death Sentence Reference — Sentencing Procedure — Conviction and death penalty were pronounced on the same day without a proper inquiry into aggravating and mitigating circumstances, psychological evaluation, or jail conduct report. This haste violated established sentencing principles and vitiated the death sentence.

2025 INSC 1203 SUPREME COURT OF INDIA FULL BENCH DASHWANTH Vs. STATE OF TAMIL NADU ( Before : Vikram Nath, Sanjay Karol and Sandeep Mehta, JJ. ) Criminal Appeal No(s).…

Criminal Procedure Code, 1973 (CrPC) — Section 482 (Corresponding to Bharatiya Nagarika Suraksha Sanhita, 2023, Section 528) — Inherent power of High Court — Recall or review of own judgment — Criminal courts do not have the power to recall or review their own judgments, except for correcting clerical errors under Section 362 CrPC (Section 403 BNSS) — Invoking inherent powers to bypass statutory bars is impermissible — High Court reviewing its earlier order dismissing a petition as withdrawn, under the guise of correcting a clerical error, is illegal and without jurisdiction.

2025 INSC 1205 SUPREME COURT OF INDIA DIVISION BENCH STATE OF RAJASTHAN Vs. PARMESHWAR RAMLAL JOSHI AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Criminal Appeal…

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