Tag: Code of Criminal Procedure

Technicality or Right? Supreme Court Acquits Man, Rules Mandatory NDPS Procedures Were Ignored
5Sep By The Legal ChamberNo Comments
Supreme Court

Technicality or Right? Supreme Court Acquits Man, Rules Mandatory NDPS Procedures Were Ignored

The Supreme Court held that the High Court erred in dismissing the appeal solely on the ground of delay, particularly when the appellant was incarcerated. On merits, the Court acquitted the accused due to fatal procedural lapses: non-compliance with mandatory sampling guidelines under Standing Order No. 1 of 1989 and Section 52A of the NDPS Act, which rendered the seizure and FSL report unreliable. The trial court also erred in clubbing separate recoveries to constitute commercial quantity without evidence of conspiracy under Section 29. Facts Of The Case: On July 16, 2018, based on source information, police apprehended the appellant, Nadeem Ahamed, and a co-accused, Amit Dutta, near Laxmi Store in Kolkata. A search, conducted in the presence of a Gazetted Officer, led to the recovery o...
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Supreme Court Shields Daughters-in-Law from Criminal Case Over Property Will
28Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Shields Daughters-in-Law from Criminal Case Over Property Will

The Supreme Court quashed criminal proceedings under Sections 419, 420, 467, 468, and 471 IPC, ruling the allegations did not prima facie constitute the alleged offences. Relying on Bhajan Lal, it held that criminal process cannot be used to settle civil disputes, as it amounts to an abuse of the court's process. Facts Of The Case: A testator, Shri Ram Baksh Dubey, executed an unregistered will in 1993 bequeathing his property to his four daughters-in-law, apprehensive that his third son, Ashish Kumar, would squander the estate. After the testator’s death in 1994, Ashish Kumar sold his purported share to the complainant, Balram, via a registered sale deed. The daughters-in-law, unaware of this sale, successfully obtained a mutation order in their favor based on the will. When Balram inte...
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When Protest Isn’t Nuisance: Supreme Court Explains Limits of Police Power, Quashes 5-Year-Old Case
28Aug By The Legal ChamberNo Comments
Supreme Court

When Protest Isn’t Nuisance: Supreme Court Explains Limits of Police Power, Quashes 5-Year-Old Case

The Supreme Court quashed the criminal proceedings, applying the Bhajan Lal principles. It held that the allegations, even if accepted entirely, did not prima facie constitute the offences under Sections 290, 341, 171F IPC, and Section 34 of the Police Act, 1861, as their essential ingredients were absent. Continuing the prosecution was deemed an abuse of the process of law. Facts Of The Case: During the 2019 General Elections, the Model Code of Conduct was in force in Andhra Pradesh. On March 22, 2019, appellants Manchu Mohan Babu, an educational institution chairman, and his son, along with staff and students, conducted a rally and dharna on the Tirupati-Madanapalli Road. They were protesting the state government's failure to provide student fee reimbursements. The gathering, which las...
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Supreme Court Rules: “Right to Prefer an Appeal” Includes “Right to Prosecute it” for Victims
28Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: “Right to Prefer an Appeal” Includes “Right to Prosecute it” for Victims

The Supreme Court held that the right to prefer an appeal under the proviso to Section 372 CrPC includes the right to prosecute it. Consequently, upon the death of the original appellant-victim, their legal heir is entitled to be substituted to continue the appeal. The definition of ‘victim’ under Section 2(wa) CrPC is broad and inclusive, enabling such substitution to ensure the right of access to justice is not defeated. Facts Of The Case: On December 9, 1992, an attack occurred in which Virendra Singh was killed, and informant Tara Chand (PW-1) and his son Khem Singh (PW-3) were injured. The Sessions Court convicted accused Ashok, Pramod, and Anil @ Neelu, sentencing them to life imprisonment, but acquitted six other accused. The convicted accused appealed to the High Court, which, vi...
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Supreme Court Upholds Life Sentence: Daughter’s Testimony Convicts Father in Wife’s Murder
26Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Life Sentence: Daughter’s Testimony Convicts Father in Wife’s Murder

The Supreme Court upheld the conviction under Section 302 IPC, affirming the reliability of a child witness. It ruled that the accused's mere denial under Section 313 CrPC was insufficient to discharge his burden under Section 106 of the Evidence Act to explain the circumstances of his wife's death within their home. Facts Of The Case: The case involved the murder of Smt. Ranjana by her husband, the accused-appellant Manohar Keshavora Khandate, within their home in Amravati. The prosecution's case rested primarily on the eyewitness account of their nine-year-old daughter (PW-3). She testified that on the night of the incident, she was sleeping beside her mother when she was awakened by a commotion. She found her father sitting nearby her mother, whose body was covered with a chaddar. The...
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Can’t Go Straight to the Magistrate? Supreme Court Explains the Right Way to File an FIR When Police Refuse
23Aug By The Legal ChamberNo Comments
Supreme Court

Can’t Go Straight to the Magistrate? Supreme Court Explains the Right Way to File an FIR When Police Refuse

The Supreme Court upheld that a Magistrate's order under Section 156(3) CrPC directing FIR registration, even if passed without the informant first approaching the Superintendent of Police, is a mere procedural irregularity and not illegal. The Court affirmed that such an order must be a reasoned one reflecting application of mind, and refused to quash the FIR at the chargesheet stage, leaving the matter for trial. Facts Of The Case: Based on a Memorandum of Understanding (MoU) from 1995, a financial dispute arose between M/s Sunair Hotels Ltd. (SHL) and VLS Finance Ltd. (VLS). SHL alleged that VLS officials had fraudulently induced them into the agreement by promising a public issue that was impossible under SEBI guidelines. After VLS filed several criminal complaints against SHL for fi...
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Supreme Court Expunges Remarks Against Judicial Officer: Protects Subordinate Judiciary
14Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Expunges Remarks Against Judicial Officer: Protects Subordinate Judiciary

The Supreme Court expunged the strictures passed by the Rajasthan High Court against a judicial officer, emphasizing that higher courts should refrain from making adverse remarks against subordinate judicial officers without providing them an opportunity to be heard. The Court reiterated the principle laid down in Re: ‘K’, A Judicial Officer and Sonu Agnihotri v. Chandra Shekhar & Ors., highlighting that criticism of judicial orders should focus on errors rather than personal conduct. The judgment also recommended incorporating provisions in High Court Rules to mandate disclosure of criminal antecedents in bail applications, ensuring transparency and informed judicial decisions. The appeal was allowed, and the impugned observations were expunged. Facts Of The Case: The case involves ...
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Supreme Court Overturns Conviction Under Section 306 IPC: Limits on High Court’s Revisional Powers
16Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Overturns Conviction Under Section 306 IPC: Limits on High Court’s Revisional Powers

The Supreme Court of India, in Nagarajan v. State of Tamil Nadu, held that in an appeal filed by an accused against conviction, the High Court cannot suo motu exercise revisional powers to enhance the sentence or convict on a charge for which the trial court acquitted the accused, especially when no appeal or revision was filed by the State, victim, or complainant. The Court emphasized the principle of no reformatio in peius, meaning an appellant should not be placed in a worse position as a result of filing an appeal Facts Of The Case: Nagarajan, the appellant, was the neighbor of the deceased, Mariammal. On the night of July 11, 2003, the appellant entered Mariammal's room, hugged her, and attempted to outrage her modesty. Mariammal's mother-in-law intervened, scolded the appel...
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Supreme Court Quashes FIR in 498A Dowry Case: Rules on Delay & False Allegations
16Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes FIR in 498A Dowry Case: Rules on Delay & False Allegations

The Supreme Court of India quashed an FIR and chargesheet, holding that while the complaint was within the limitation period as per Section 468 CrPC (relevant date for limitation being filing of complaint, not cognizance date), the allegations lacked specific incidents of cruelty and appeared to be a misuse of legal provisions. Facts Of The Case: The present appeal challenges a High Court order dated April 1, 2024, which set aside a Sessions Court order from October 4, 2008. The Sessions Court had discharged the Appellant from charges under Section 498A of the Indian Penal Code, 1860, in FIR No. 1098/2002. The case originated from a complaint filed by the Complainant wife (Respondent no. 2) on July 3, 2002, leading to the FIR being registered on December 19, 2002, at PS Malviya Nagar...
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Supreme Court Directs Merger of 64 Fraud FIRs Across 10 States for Streamlined Trial
30May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Directs Merger of 64 Fraud FIRs Across 10 States for Streamlined Trial

The Supreme Court exercised powers under Article 142 of the Constitution to consolidate 64 FIRs across 10 states into single trials per state, merging subsequent FIRs with the earliest FIR in each jurisdiction. Subsequent FIRs were deemed Section 161 CrPC statements, enabling supplementary chargesheets under Section 173 CrPC. Bail in the principal FIR applies to clubbed cases, except where special enactments require fresh bail applications. Special Courts may try all offences, including IPC violations, under state laws. Single-FIR states proceed independently. Facts Of The Case: Ravinder Singh Sidhu, Managing Director of KIM Infrastructure and Developers Limited (KIDL), has been in custody since 11 October 2018. He faces 64 FIRs across 10 states (Punjab-23, Uttar Pradesh-15, Haryana-6, U...
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