Cr P C Archives - Page 8 of 60 - Supreme Court of India Judgements

July 9, 2026 5:40 am

Criminal Procedure Code, 1973 (CrPC) — Section 223(d) — Persons accused of different offences committed in the course of the same transaction may be charged and tried together — Legislative intent is to prevent multiplicity of proceedings, avoid conflicting judgments, and promote judicial economy while ensuring fairness — Segregation without legally recognized grounds like distinct facts, severable evidence, or demonstrated prejudice, is impermissible.

Sep 16, 2025 sclaw

2025 INSC 1113 SUPREME COURT OF INDIA DIVISION BENCH MAMMAN KHAN Vs. STATE OF HARYANA ( Before : J. B. Pardiwala and R. Mahadevan, JJ. ) Criminal Appeal No. 4002…

Cr P C

Criminal Procedure — Institution of FIR — Quashing of FIR — Abuse of process of law — High Court quashed FIR based only on Section 17A of the PC Act, 1988, without considering other grounds raised by the accused — Supreme Court finds this approach incomplete and remands the matter for reconsideration of all grounds, emphasizing that procedural lapses like failure to obtain prior approval, if applicable, can render an FIR void ab initio.

Sep 2, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SURENDRA DHARIWAL Vs. STATE OF RAJASTHAN AND ANOTHER ETC RESPONDENT(S) ( Before : J.B. Pardiwala and K.V. Viswanathan, JJ. ) Criminal Appeal Nos. 3717-3718…

Cr P C

Criminal Procedure — Delay in Judgment Pronouncement — Supreme Court directs High Courts to adhere to existing guidelines for timely pronouncement of reserved judgments and reiterates specific directions for cases where judgment is not delivered within three months of being reserved, including placing the matter before the Chief Justice for reassignment if not pronounced within two weeks thereafter.

Sep 2, 2025 sclaw

2025 INSC 1039 SUPREME COURT OF INDIA DIVISION BENCH RAVINDRA PRATAP SHAHI Vs. STATE OF U.P. AND OTHERS ( Before : Sanjay Karol and Prashant Kumar Mishra, JJ. ) Criminal…

Cr P C I P C

Penal Code, 1860 — Section 498A — Cruelty by husband or relatives of husband — Allegations in FIR were vague, general, and filed one year after admitted separation of the parties — No specific instances of cruelty were mentioned — Criminal proceedings are liable to be quashed. Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Court can quash FIR if allegations, taken at face value, do not constitute any offence — Vague and general allegations of marital discord, without specific instances, do not prima facie constitute an offence under Section 498A IPC.

Aug 9, 2025 sclaw

2025 INSC 926 SUPREME COURT OF INDIA FULL BENCH ANURAG VIJAYKUMAR GOEL Vs. STATE OF MAHARASHTRA AND ANOTHER ( Before : B.R. Gavai, CJI., K. Vinod Chandran and N. V.…

Cr P C POCSO

Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Sections 3/4(2), 42 — Penal Code, 1860 (IPC) — Section 376(3) — Appeal against suspension of sentence by High Court — Supreme Court held High Court was not justified. Criminal Procedure Code, 1973 (CrPC) — Section 389 — Suspension of Sentence — Scope of — High Court while considering suspension of sentence must adhere to parameters laid down in law — Prima facie satisfaction about chances of acquittal is necessary, not reappreciation of evidence or picking loopholes.

Aug 9, 2025 sclaw

2025 INSC 935 SUPREME COURT OF INDIA DIVISION BENCH JAMNALAL Vs. STATE OF RAJASTHAN AND ANOTHER ( Before : B.V. Nagarathna and K. V. Viswanathan, JJ. ) Criminal Appeal No…of…

Cr P C SC/ST

Criminal Procedure Code, 1973 — Section 482 — Quashing of proceedings — High Court quashed proceedings under SC/ST Act, 1989, against respondents — Appellant contended High Court erred in exercising jurisdiction, overlooking evidence, and conducting roving inquiry — Court held High Court’s scope under Section 482 is limited to determining if allegations disclose a cognizable offence, and it should not engage in detailed evidence evaluation at pre-trial stage — However, if allegations are baseless, motivated by personal vendetta, or lack requisite ingredients for an offence, High Court can quash proceedings to prevent abuse of process.

Jul 28, 2025 sclaw

2025 INSC 886 SUPREME COURT OF INDIA DIVISION BENCH KONDE NAGESHWAR RAO Vs. A. SRIRAMA CHANDRA MURTY AND ANOTHER ( Before : B.R. Gavai, CJI. and Augustine George Masih, J.…

Cr P C

Criminal Procedure Code, 1973 — Section 482 — Quashing of criminal proceedings — Second quashing petition — Maintainability — Not permissible to raise previously available grounds in a subsequent petition to effect a review of an earlier order, violating Section 362 CrPC — Exception is when there has been a change in circumstances.

Jul 28, 2025 sclaw

2025 INSC 888 SUPREME COURT OF INDIA DIVISION BENCH M.C. RAVIKUMAR Vs. D.S. VELMURUGAN AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Criminal Appeal No(s). ….of…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 174 — Inquiry by Police into cause of unnatural death — Requirement of fair and impartial investigation — Evidence considered — Inconsistencies in CCTV footage, suspicious medical findings, and failure to preserve crucial forensic evidence indicated failures in local investigation.

Jul 27, 2025 sclaw

2025 INSC 893 SUPREME COURT OF INDIA DIVISION BENCH SUKDEB SAHA Vs. THE STATE OF ANDHRA PRADESH AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Criminal…

Cr P C

Criminal Procedure Code, 1973 — Section 156(3) — FIR Registration — Application to Magistrate without approaching Police/SP — While a Magistrate ought not ordinarily entertain an application under Section 156(3) CrPC directly without the informant having availed and exhausted remedies under Section 154(3) CrPC, the Magistrate is competent to direct FIR registration if allegations disclose cognizable offence — Such an order is not without jurisdiction and not vitiated on this count, but it is a procedural irregularity.

Jul 27, 2025 sclaw

2025 INSC 895 SUPREME COURT OF INDIA DIVISION BENCH ANURAG BHATNAGAR AND ANOTHER Vs. STATE (NCT OF DELHI) AND ANOTHER ( Before : Pankaj Mithal and S.V.N. Bhatti, JJ. )…

Cr P C

Criminal Procedure Code, 1973 — Section 319 — Power to proceed against other persons appearing to be guilty of offence — Application for summoning additional accused — High Court quashed summons issued against them — Whether High Court was justified — Held, no. — Evidence of eyewitnesses, though prima facie, suggested complicity of the applicant, assigning specific role and indicating presence at scene armed with weapon of offence — High Court applied standard of conviction rather than standard of satisfaction required for summoning — Standard for summoning is more than prima facie case but less than conviction — Summoning order restored.

Jul 20, 2025 sclaw

2025 INSC 860 SUPREME COURT OF INDIA DIVISION BENCH SHIV BARAN Vs. STATE OF U.P. AND ANOTHER ( Before : Sanjay Karol and Joymalya Bagchi, JJ. ) Criminal Appeal No.…

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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

Accident

Motor Vehicles Act, 1988 — Sections 166, 168 — Compensation — Assessment of annual income of a self-employed deceased (Insurance Agent) from Income Tax Returns — High Court had averaged the last four ITRs on record — Held, erroneous — Following the principles laid down 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], for a self-employed person the average of up to the previous three years’ ITRs, not four, is the appropriate reference point — A performance-linked spike in the income of an Insurance Agent in a particular year does not justify reaching back to an additional, earlier ITR to dilute that spike — On the facts, taking the average of the income for AY 2015-16 (Rs.4,03,180), AY 2016-17 (Rs.9,59,665) and AY 2017-18 (Rs.7,00,559), annual income assessed at Rs.6,87,802 — Compensation recomputed applying 25% addition for future prospects (age 49 years), 1/4th deduction for personal expenses, and a multiplier of 13, together with conventional heads (loss of estate, funeral expenses, consortium) — Total compensation enhanced to Rs.87,09,282 (as against Rs.49,77,000 awarded by the Tribunal and Rs.76,09,500 awarded by the High Court), with interest as awarded by the Tribunal — Appeal allowed.

Jul 5, 2026 sclaw

Category: Cr P C

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