Category: Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — Four-step test for assessing prayer for quashing — The Supreme Court, in Pradeep Kumar Kesarwani v. State of Uttar Pradesh, outlined a four-step test: (i) Is the material relied upon by the accused of sterling quality? (ii) Does it rule out the allegations in the complaint? (iii) Has it not been refuted by the prosecution/complainant? (iv) Would proceeding with the trial be an abuse of process and not serve the ends of justice? If all answers are affirmative, High Court should quash proceedings.

2026 INSC 322 SUPREME COURT OF INDIA FULL BENCH SAJAL BOSE Vs. THE STATE OF WEST BENGAL AND OTHERS ( Before : Vikram Nath, Sandeep Mehta and N. V. Anjaria,…

Criminal Procedure Code, 1973 (CrPC) — Section 197(1) — Requirement of sanction for prosecution of public servants — Protection under Section 197(1) applies only to public servants who are not removable from office except by or with the sanction of the government — Subordinate police officers not falling under this category are not entitled to the benefit of this protection, even if the alleged offence was committed while acting or purporting to act in the discharge of official duty.

2026 INSC 304 SUPREME COURT OF INDIA DIVISION BENCH SAMARENDRA NATH KUNDU AND ANOTHER Vs. SADHANA DAS AND ANOTHER ( Before : J.B. Pardiwala and Manoj Misra, JJ. ) Criminal…

Criminal Procedure, 1973 (CrPC) — Sections 215, 228, 464 and 465 — Charge framing — Substantial compliance — Purpose of charge framing is to give notice to accused of accusation and enable defence preparation — Defect in charge, including absence of signature, is curable if no prejudice or failure of justice is occasioned — Accused’s active participation and cross-examination indicate awareness of charges and no prejudice — Belated objection to charge defect, especially after demise of key witnesses, suggests lack of genuine prejudice.

2026 INSC 301 SUPREME COURT OF INDIA DIVISION BENCH SANDEEP YADAV Vs. SATISH AND OTHERS ( Before : Ahsanuddin Amanullah and R. Mahadevan, JJ. ) Criminal Appeal No.1617 of 2026…

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — Summoning order based on complaint allegations lacking specific details of copyright infringement and without application of mind by Magistrate — Superior Court’s duty to examine proceedings for being frivolous, vexatious, or malicious — Held, allegations in complaint were bald and unsubstantiated, failing to disclose similarity between film and script.

SUPREME COURT OF INDIA DIVISION BENCH SUJOY GHOSH Vs. THE STATE OF JHARKHAND AND ANOTHER ( Before : Pamidighantam Sri Narasimha and Alok Aradhe, JJ. ) Criminal Appeal No….of 2026…

Criminal Procedure Code, 1973 (CrPC) — Sections 221 and 222 — Conviction for offence not charged — High Court rightly reversed the conviction under Section 364 of IPC when the charge was for Section 302 of IPC, as Section 364 is not a minor or cognate offence to Section 302, making conviction without specific charge or notice prejudicial to fair trial

2026 INSC 256 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF UTTAR PRADESH Vs. RAM SWAROOP @ BARKAT ( Before : Aravind Kumar and Augustine George Masih, JJ. )…

. Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — High Court quashed FIR during investigation based on speculation and without awaiting forensic report on alleged forged documents — Such action is unjustified and premature, especially when allegations of forgery and fraud are made and expert examination is underway.

2026 INSC 252 SUPREME COURT OF INDIA DIVISON BENCH SHARLA BAZLIEL Vs. BALDEV THAKUR AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Criminal Appeal No(s)….of 2026…

Criminal Procedure Code, 1973 (CrPC) — Section 319 — Summoning additional accused — Trial Court rejected application to summon additional accused — High Court set aside order and directed summoning — Supreme Court found Trial Court applied stricter standard than necessary — Trial Court erred in isolating inconsistencies and not considering cumulative weight of evidence — Supreme Court held testimony of complainant and two other witnesses, despite inconsistencies, met strong and cogent evidence standard for summoning under Section 319 — Judgments of lower courts set aside and persons directed to be produced as additional accused.

  2026 INSC 251 SUPREME COURT OF INDIA DIVISON BENCH MOHAMMAD KALEEM Vs. STATE OF UTTAR PRADESH AND OTHERS ( Before : Sanjay Karol and Augustine George Masih, JJ. )…

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Essential conditions — If allegations in FIR or complaint, even if taken at face value, do not prima facie constitute an offence or make out a case against the accused, quashing is justified — Vague and general allegations are insufficient to establish a prima facie case.

2025 INSC 1168 SUPREME COURT OF INDIA FULL BENCH SANJAY D. JAIN AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS ( Before : B.R. Gavai, CJI., K. Vinod Chandran and…

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — High Court quashed proceedings against sister-in-law on ground of general and omnibus allegations, but declined relief to father-in-law and mother-in-law (appellants) — Allegations against appellants were similarly general and omnibus, with no specific role or overt act attributed to them — Delay in lodging FIR, coupled with lack of specific allegations, suggested possibility of FIR being a counter-blast to divorce petition filed by husband — High Court erred in applying different standards to similarly situated accused — Proceedings against appellants quashed.

2026 INSC 212 SUPREME COURT OF INDIA DIVISION BENCH DR. SUSHIL KUMAR PURBEY AND ANOTHER Vs. THE STATE OF BIHAR AND OTHERS ( Before : Vikram Nath and Sandeep Mehta,…

Criminal Procedure Code, 1973 (CrPC) — Section 468, 469, 473 — Limitation bars taking cognizance — Offence punishable with imprisonment for a term exceeding one year (Section 27(d) of Act) falls under Section 468(2)(c) of Cr.P.C. with limitation expiring after 3 years from the date the identity of the offender becomes known to the aggrieved party or police officer.

2026 INSC 200 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF KERALA AND ANOTHER Vs. M/S. PANACEA BIOTEC LTD. AND ANOTHER ( Before : Ahsanuddin Amanullah and S.V.N. Bhatti,…