Tag: Criminal Appeal

Supreme Court: Disputed No-Dues Certificate Can’t Be Ground to Quash Criminal Proceedings
2Mar By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Disputed No-Dues Certificate Can’t Be Ground to Quash Criminal Proceedings

The Supreme Court held that criminal proceedings cannot be quashed where allegations prima facie disclose essential ingredients of an offence. The power under Section 482 CrPC is sparing; disputed documents like No-Dues Certificate cannot be relied upon at pre-trial stage. Civil remedy coexistence doesn't bar prosecution if allegations support criminal liability. Facts Of The Case: The dispute in this case arose from contractual and financial dealings between the appellant (accused no. 2) and respondent no. 2 (complainant) concerning construction work undertaken between 2008 and 2010. A No Dues Certificate was issued by respondent no. 2 on 10.06.2010 and acknowledged on 12.06.2010, recording that no payments were outstanding. Subsequently, disputes emerged between the parties, leading to...
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Can In-Laws Be Summoned for Murder if Not Named in the Chargesheet? Supreme Court Answers
2Mar By The Legal ChamberNo Comments
Supreme Court

Can In-Laws Be Summoned for Murder if Not Named in the Chargesheet? Supreme Court Answers

This Supreme Court judgment clarifies the principles for summoning additional accused under Section 319 CrPC, holding that courts must apply a "strong and cogent evidence" standard—stricter than a prima facie case but short of conviction-weight evidence. It emphasizes that evidentiary reliability, witness credibility, and dying declaration admissibility are trial-stage determinations, not preliminary considerations. Facts Of The Case: The case originated from an FIR lodged on March 25, 2021, by the appellant, Neeraj Kumar, alleging that his sister, Nishi, was shot by her husband, Rahul, at her matrimonial home. The information was conveyed to the appellant by his nine-year-old niece, Shristi, who witnessed the incident. During the investigation, the deceased's statements were recorded tw...
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Compromise Between Parties Leads to Early Release as Supreme Court Modifies Sentence in Criminal Appeal
26Feb By The Legal ChamberNo Comments
Supreme Court

Compromise Between Parties Leads to Early Release as Supreme Court Modifies Sentence in Criminal Appeal

The Supreme Court partially allowed the appeal, reducing the sentence to the period already undergone (two years and three months) while upholding the conviction. Notice had been limited to quantum of sentence. The Court considered the compromise between parties and the incarceration period served, modifying the sentence accordingly with direction for immediate release if not required in other cases. Facts Of The Case: The appellants, Venkatesh and another individual, were originally convicted by the learned III-Additional District and Sessions Judge, Salem, in S.C. No.460/2016 on November 3, 2020. The charges stemmed from Crime No.103/2016, under which they were found guilty of offenses under Section 326 of the Indian Penal Code (IPC), which pertains to voluntarily causing g...
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When One Accused Gets Relief, Others Should Too: Supreme Court Quashes FIR in Land Grab Case
26Feb By The Legal ChamberNo Comments
Supreme Court

When One Accused Gets Relief, Others Should Too: Supreme Court Quashes FIR in Land Grab Case

In this judgment, the Supreme Court quashed criminal proceedings against the appellants based on the principle of parity. Since co-accused in the same FIR had already been granted relief under Section 482 CrPC by the High Court—a decision which had attained finality—the Court held the same benefit must extend to the appellants. Facts Of The Case: Vasanthi, sister of respondent No. 2/complainant, availed a loan of Rupees Twenty Lakhs from appellant No. 2 (accused No. 5). As security for the said loan, Vasanthi executed a Power of Attorney in favour of appellant No. 1 (accused No. 4) concerning a property measuring 1980 sq. ft. situated at Villanur Revenue Village. It was alleged that appellant No. 1 fraudulently executed a sale deed in respect of the suit property in favour of h...
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Supreme Court Clears Way for Occupation Certificate, Bans Construction on Recreational Plot
21Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clears Way for Occupation Certificate, Bans Construction on Recreational Plot

The Supreme Court set aside the concurrent convictions, holding that non-compliance with Section 313 CrPC vitiates a fair trial. The trial court's failure to put each material circumstance individually to the appellants caused prejudice. The Court remanded the matter for de novo examination from the stage of recording Section 313 statements, emphasizing this mandatory procedural requirement. Facts Of The Case: The case originated from an incident on March 31, 2016, when the informant, Kachan Pasi, along with his father Ghughali Pasi, mother Kouta Devi, and sister-in-law Dharmsheela Devi, were returning from their fields. They were allegedly surrounded by several accused persons, including the three appellants before the Supreme Court—Chandan Pasi, Pappu Pasi, and Gidik Pasi. The accu...
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Supreme Court Quashes FIR in Land Deal Fraud Case Citing Civil Settlement
21Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes FIR in Land Deal Fraud Case Citing Civil Settlement

In this judgment, the Supreme Court exercised its plenary power under Article 142 of the Constitution to quash criminal proceedings solely against the appellant, based on a full and final settlement between the private parties. The Court clarified that such quashing would not impede the prosecution of other accused, who must be pursued independently. Facts Of The Case: The case originated from a dispute over the sale of a plot of land in Burari, Delhi. Respondent No. 2, while searching for land to build a house, was introduced by the appellant, Mool Chand, who claimed to be a reputed real estate agent. The appellant represented that he had an encumbrance-free plot suitable for the complainant, owned by his associate, accused No. 2, who needed urgent funds. Consequently,...
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Bail Orders Without Reasons Are Invalid: Supreme Court Remands Case for Fresh Consideration
14Feb By The Legal ChamberNo Comments
Supreme Court

Bail Orders Without Reasons Are Invalid: Supreme Court Remands Case for Fresh Consideration

This Supreme Court judgment establishes that parity cannot be the sole ground for granting bail; it must focus on the accused's specific role. Bail orders must contain reasons, reflecting application of mind to relevant factors like offence gravity. Granting bail solely based on another accused's release, without considering role distinction, renders the order legally unsustainable. Facts Of The Case: The factual matrix of this case originates from a First Information Report (FIR) lodged on 22nd April 2024, alleging the murder of the deceased, Sonveer. According to the complainant, Sonveer, along with his brothers Sagar (the appellant) and Pramod, were en route to their fields on a motorcycle when they were confronted by a group of six individuals, including the respondents Rajveer...
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Supreme Court Acquits Two Men After 35 Years Due to “Defective Trial” and Missing Evidence
14Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Acquits Two Men After 35 Years Due to “Defective Trial” and Missing Evidence

The Supreme Court held that a defective Section 313 CrPC statement, with only generic questions failing to put specific incriminating circumstances, causes grave prejudice and vitiates trial. Non-examination of a material Investigating Officer attracts adverse inference. Subsequent FIR superseding the original constitutes an embellished statement under Section 161 CrPC. Defence witnesses carry equal evidentiary value to prosecution witnesses. Facts Of The Case: On 11th May 1990, Gajendra Prasad Gupta was assaulted and fatally injured while returning from a village fair. His father, Rameshwar Sahu, initially gave a Fardbeyan on 12th May 1990 before ASI R. Paswan, which was treated as FIR. This statement described an altercation at the sweet stall and a subsequent attack by three uni...
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