Cr P C Archives - Page 43 of 61 - Supreme Court of India Judgements

Recording of Statement—Statement of prosecution witnesses being recorded in absence of accused is a curable illegality

May 26, 2019 sclaw

2019(2) Law Herald (SC) 1128 : 2019 LawHerald.Org 827 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mrs. Justice Indu Malhotra Criminal Appeal Nos.…

Cr P C

Summoning of additional accused—Standard of Proof—Court has to look for just more than prime facie case and not as if an infallible case was required to be shown by the prosecution in order to proceed against the proposed accused persons

May 5, 2019 sclaw

2019(2) Law Herald (SC) 1047 : 2019 LawHerald.Org 819 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

Bail—Default Bail—Extension of Time—The infirmities in the form of report of Public Prosecutor would not entitle the respondents to the benefit of a default bail when in substance there has been an application of mind by public prosecutor

Apr 21, 2019 sclaw

2019(2) Law Herald (SC) 903 : 2019 LawHerald.Org 727 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ranjan Gogol, CJI Hon’ble Mr. Justice L. Nageshwara Rao Hon’ble Mr.…

Cr P C

Sentence—It is mandatory for the Magistrate to specify as to whether the sentence would run concurrently or consecutively

Apr 19, 2019 sclaw

2019(2) Law Herald (SC) 867 : 2019 LawHerald.Org 728 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

Theft of Electricity—Quashing—FIR can be quashed only after following procedure under S. 152 of the Act and not merely on compromise between the partiesTheft of Electricity—Quashing—FIR can be quashed only after following procedure under S. 152 of the Act and not merely on compromise between the parties

Apr 19, 2019 sclaw

2019(2) Law Herald (SC) 865 : 2019 LawHerald.Org 724 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Criminal Appeal Nos.469-470…

Cr P C

Penal Code, 1860 (IPC) – Sections 420, 468 and 471 – Criminal Procedure Code, 1973 (CrPC) – Sections 156, 160, 167(2), 173, 173(2), 173(2)(i), 173(8), 227, 228 and 319 – Magistrate has no jurisdiction to suo moto pass an order for further investigation/reinvestigation after he discharges the accused.

Apr 17, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BIKASH RANJAN ROUT — Appellant Vs. STATE THROUGH THE SECRETARY (HOME), GOVERNMENT OF NCT OF DELHI, NEW DELHI — Respondent ( Before : L.…

Cr P C

Criminal Law–Murder–Suspension of sentence pending appeal– The mere fact that during the period when the accused persons were on bail during trial there was no misuse of liberties, does not per se warrant suspension of execution of sentence and grant of bail–What really was necessary to be considered by the High Court is whether reasons existed to suspend the execution of sentence and thereafter grant bail

Apr 14, 2019 sclaw

2009(1) LAW HERALD (SC) 636 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar Ganguly Criminal Appeal No. of 2009…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 386 – Power of the Appellate Court – Section 386 then enumerates powers of the Appellate Court which inter alia includes the power to “reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial”. The powers of Appellate Court are equally wide. The High Court in the present case was exercising powers both under Chapters XXVIII and XXIX of the Code. If the power can go to the extent of ordering a complete re-trial, the exercise of power to a lesser extent namely ordering de novo examination of twelve witnesses with further directions as the High Court has imposed in the present matter, was certainly within the powers of the High Court. There is, thus, no infraction or jurisdictional error on the part of the High Court.

Apr 14, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ATMA RAM AND OTHER — Appellant Vs. STATE OF RAJASTHAN — Respondent ( Before : Uday Umesh Lalit and Indu Malhotra, JJ. ) Criminal…

Cr P C

Criminal Procedure Code, 1973, S.439–Bail–Cancellation of–Cheating–FIR against builders for not fulfilling their obligations under agreement to sell entered by them with various prospective buyers–Trial Court cancelling bail order of Respondent No.2 who was a proclaimed offender-High Court set aside the order and restored interim bail granted by Trial Court without assigning any reasons and even without issuing notice to complainants—Impugned order of High Court set aside—Respondent No.2 directed to surrender before Session Judge.

Apr 7, 2019 sclaw

2019(1) Law Herald (SC) 790 : 2019 LawHerald.Org 620 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Crl A. No.…

Cr P C

Leave to Appeal against Acquittal—Where the finding on basis of which leave to appeal against acquittal is contrary to the evidence on record then prima facie case is made out to grant leave to appeal.

Apr 7, 2019 sclaw

2019(1) Law Herald (SC) 740 : 2019 LawHerald.Org 707 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice R. Subhash Reddy Criminal Appeal No.…

Recording of Statement—Statement of prosecution witnesses being recorded in absence of accused is a curable illegality

Summoning of additional accused—Standard of Proof—Court has to look for just more than prime facie case and not as if an infallible case was required to be shown by the prosecution in order to proceed against the proposed accused persons

Bail—Default Bail—Extension of Time—The infirmities in the form of report of Public Prosecutor would not entitle the respondents to the benefit of a default bail when in substance there has been an application of mind by public prosecutor

Sentence—It is mandatory for the Magistrate to specify as to whether the sentence would run concurrently or consecutively

Leave to Appeal against Acquittal—Where the finding on basis of which leave to appeal against acquittal is contrary to the evidence on record then prima facie case is made out to grant leave to appeal.

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Supreme Court of India Judgements

Category: Cr P C

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