Cr P C Archives - Page 32 of 51 - Supreme Court of India Judgements

Final Report—Magistrate cannot issue direction to police to file charge sheet—Such a direction is wholly unsustainable

Jul 5, 2019 sclaw

2019(2) Law Herald (SC) 1556 : 2019 LawHerald.Org 1007 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mrs. Justice Indu Malhotra Criminal Appeal No.614…

Cr P C

Further Investigation—Once the Magistrate u/s 227 CrPC discharge the accused thereafter, it will not be open for the Magistrate to suo moto order for further investigation and direct the investigating officer to submit the report

Jul 5, 2019 sclaw

2019(2) Law Herald (SC) 1539 : 2019 LawHerald.Org 1006 (2019) 4 JT 281 : (2019) 2 RCR(Criminal) 898 : (2019) 6 Scale 481 IN THE SUPREME COURT OF INDIA Before…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 360 – Probation of Offenders Act, 1958 – Sections 3 and 4 – Penal Code, 1860 (IPC) – Sections 325 and 34 – Release on probation for good conduct – If the offender is less than 21 years of age or a woman not convicted of an offence not punishable with death or imprisonment for life; such offender can be granted benefit of probation on satisfaction of the court on the basis of parameters contained in Section 360 of the Code.

Jul 4, 2019 sclaw

2019(2) Law Herald (SC) 1531 : 2019 LawHerald.Org 1005 (2019) 2 RCR(Criminal) 1012 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Sanjay Kishan Kaul Hon’ble Mr. Justice Hemant…

Cr P C

False Statement in Court—Allegedly a false statement was made in the anticipatory bail application—No offence is made out for perjury on mere comparison of such statement with preliminary investigating report and order granting bail

Jul 4, 2019 sclaw

2019(2) Law Herald (SC) 1505 : 2019 LawHerald.Org 950 (2019) 2 RCR(Criminal) 321 : (2019) 4 Scale 606 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Rohinton Fali…

Cr P C

Quashing—Incomplete Investigation—Where FIR prima facie disclose allegations of commission of alleged offences it should not be quashed without allowing police to make full and proper investigation

Jun 29, 2019 sclaw

2019(2) Law Herald (SC) 1500 : 2019 LawHerald.Org 952 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Criminal Appeal No.…

Cr P C

Indian Penal Code, 1860,8.279 and S.304-A–Rash & Negligent Driving- -Death by Negligence—Reduction in Sentence

Jun 28, 2019 sclaw

2019(2) Law Herald (SC) 1476 : 2019 LawHerald.Org 946 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon ble Mr. Justice Dinesh Maheshwari Criminal Appeal…

Cr P C

Discharge—While considering the case of discharge sought immediately after the charge sheet is filed, the Court cannot become an Appellate Court and start appreciating the evidence

Jun 25, 2019 sclaw

2019(2) Law Herald (SC) 1472 : 2019 LawHerald.Org 945 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Criminal Appeal Nos.…

Cr P C

Quashing—Compromise–Non compoundable Offence—High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding and how he had managed with the complainant to enter into a compromise

Jun 2, 2019 sclaw

2019(2) Law Herald (SC) 1273 : 2019 LawHerald.Org 921 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice M.R. Shah Honble Mr. Justice S. Abdul Nazeer Honble Mr. Justice…

Cr P C

Quashing—Cheating—Where an attempt has been made by the respondent to cloak a civil dispute with a criminal nature despite the absence of the ingredients necessary to constitute a criminal offence; such proceedings are liable to be quashed

Jun 2, 2019 sclaw

2019(2) Law Herald (SC) 1264 : 2019 LawHerald.Org 920 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud, Hon’ble Mr. Justice Hemant Gupta Criminal Appeal…

Cr P C

Summoning of Additional accused—Mere disclosing the names of the appellants cannot be said to be strong and cogent evidence to make them to stand trial

May 31, 2019 sclaw

2019(2) Law Herald (SC) 1214 : (2019) AIR(SC) 1426 : (2019) 1 Crimes 272 : (2019) 3 JT 294 : (2019) 5 Scale 234: 2019 LawHerald.Org 835 IN THE SUPREME…

Final Report—Magistrate cannot issue direction to police to file charge sheet—Such a direction is wholly unsustainable

Further Investigation—Once the Magistrate u/s 227 CrPC discharge the accused thereafter, it will not be open for the Magistrate to suo moto order for further investigation and direct the investigating officer to submit the report

False Statement in Court—Allegedly a false statement was made in the anticipatory bail application—No offence is made out for perjury on mere comparison of such statement with preliminary investigating report and order granting bail

Quashing—Incomplete Investigation—Where FIR prima facie disclose allegations of commission of alleged offences it should not be quashed without allowing police to make full and proper investigation

Indian Penal Code, 1860,8.279 and S.304-A–Rash & Negligent Driving- -Death by Negligence—Reduction in Sentence

Discharge—While considering the case of discharge sought immediately after the charge sheet is filed, the Court cannot become an Appellate Court and start appreciating the evidence

Quashing—Compromise–Non compoundable Offence—High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding and how he had managed with the complainant to enter into a compromise

Quashing—Cheating—Where an attempt has been made by the respondent to cloak a civil dispute with a criminal nature despite the absence of the ingredients necessary to constitute a criminal offence; such proceedings are liable to be quashed

Summoning of Additional accused—Mere disclosing the names of the appellants cannot be said to be strong and cogent evidence to make them to stand trial

You missed

High Court exercising Section 482 CrPC power must not conduct mini-trials or prematurely decide a party’s role when investigation is incomplete, and funds linked to alleged fraud should not be released if it may frustrate investigation.

Bail denied in serious transnational narcotics smuggling case under UAPA/NDPS Act given prima facie complicity, statutory bar, witness safety concerns, and flight risk, despite no direct contraband recovery.

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.

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.

Supreme Court of India Judgements

Category: Cr P C

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