Court : Supreme Court of India
NON-REPORTABLE2024INSC420IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). OF2024(Arising out of SLP (Criminal) No(s). 8529 of 2019) S. NITHEEN & ORS. .APPELLANT(S) VERSUS STATE OF KERALA & ANR. .RESPONDENT(S) WITH CRIMINAL APPEAL NO(S). OF2024(Arising out of SLP (Criminal) No(s). 11679 of 2019) CRIMINAL APPEAL NO(S). OF2024(Arising out of SLP (Criminal) No(s). 11681 of 2019) JUDGMENT Mehta, J.1. Leave granted.2. These appeals arise out of a common order, and hence the same have been heard analogously and are being decided together by this judgment. 13. These appeals by special leave are preferred on behalf of the appellants herein for assailing the final judgment and order dated 3rd July, 2019 passed by the High Court of Kerala at Ernakulam in Crl. MC. No.8108 of 2018, whereby, the petition preferred by the appellants herein seeking quashing of the proceedings of Criminal Case No.791 of 2013 on the file of learned Judicial Magistrate First Class, Cou...
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2024 INSC414REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). OF2024(Arising out of SLP(Crl.) NO(S). OF2024 (D.No.42896/2023) PRABIR PURKAYASTHA .APPELLANT(S) VERSUS STATE(NCT OF DELHI) RESPONDENT(S) JUDGMENT Mehta, J.1. Leave granted.2. The instant appeal by special leave is preferred on behalf of the appellant for assailing the order dated 13th October, 2023 passed by learned Single Judge of the High Court of Delhi whereby the learned Single Judge dismissed the Criminal Miscellaneous Case No.7278 of 2023 filed by the appellant seeking the following directions: - 1 "A. Declare the arrest of the Petitioner as illegal and in gross violation of the fundamental rights of the Petitioner guaranteed under Article 21 and 22 of the Constitution of India in relation to FIR No.224/2023 dated 17.08.2023 PS Special Cell, Lodhi Road, Delhi Police; B. Declare and set aside the Remand Order dated 04.10.2023 passed by the Ld. Special Judge, Patiala House C...
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2024 INSC410REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2646 OF2009BAR OF INDIAN LAWYERS THROUGH ITS PRESIDENT JASBIR SINGH MALIK APPELLANT(S) VERSUS D. K. GANDHI PS NATIONAL INSTITUTE OF COMMUNICABLE DISEASES AND ANR. RESPONDENT(S) WITH C.A. No.2647 OF2009DELHI HIGH COURT BAR ASSOCIATION THROUGH ITS PRESIDENT APPELLANT(S) VERSUS D. K. GANDHI PS NATIONAL INSTITUTE OF COMMUNICABLE DISEASES AND ANR. RESPONDENT(S) WITH C.A. No.2648 OF2009BAR COUNCIL OF INDIA THROUGH BY ITS SECRETARY MR. S. RADHAKRISHNAN APPELLANT(S) VERSUS D. K. GANDHI PS NATIONAL INSTITUTE OF COMMUNICABLE DISEASES AND ANR. RESPONDENT(S) 1 WITH C.A. No.2649 OF2009M. MATHIAS APPELLANT(S) VERSUS D. K. GANDHI PS NATIONAL INSTITUTE OF COMMUNICABLE DISEASES RESPONDENT(S) JUDGMENT BELA M. TRIVEDI, J.1. An important question of law pertaining to the Legal Profession as a whole that has fallen for consideration before this Court is whether a complaint alleging deficiency in service again...
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Reportable 2024 INSC407IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 2531-2532 OF2024(@ SPECIAL LEAVE PETITION (Crl.) NOS.10504-10505 OF2023 SHENTO VARGHESE APPELLANT VERSUS JULFIKAR HUSEN & ORS. ...RESPONDENTS JUDGEMENT Aravind Kumar J.1. Leave granted.2. These appeals have been preferred at the instance of the first informant in Crime No.318 of 2022. By the impugned order dated 09.08.2023, passed in Crl. O.P. Nos.14029 & 14031 of 2023 and Crl. M.P. Nos.8658 of 2023, the High Court of Madras has allowed the claim of the Respondents-accused for de-freezing of their bank accounts. The High Court has ordered for de-freezing on the specific ground that there was delay on part of the police in reporting the seizure to the jurisdictional Magistrate. 1 The facts in the instant case, which we shall advert to later below, have given rise to following question of law: What is the implication of non-reporting of the seizure forthwith to the jurisdictional Mag...
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SLPR265354/2016 2024 INSC413REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos 2481-2482 of 2024 (Arising out of SLP (Crl) Nos 2653-2654 of 2016) Rajendra Bhagwanji Umraniya .Appellant Versus State of Gujarat .Respondent ORDER1Leave granted. 2 Since the issues raised in both the captioned appeals are the same, the parties are also the same and the challenge is also to the self-same judgment and order passed by the High Court, those were taken up for hearing analogously and are being disposed of by this common order. 3 The appellant before this Court is the original first informant (complainant). The appellant lodged a First Information Report No I-179/2012 at the Surendranagar City Police Station for the offence punishable under Sections 147, 148, 149, 427, 323, 325, 506(2), 384 of the Indian Penal Code1 and Section 135 of the Gujarat Police Act. The FIR was lodged in all against five accused persons. 4 The respondents before this Court are the...
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REPORTABLE2024INSC393IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.906 OF2023SELVAMANI APPELLANT(S) VERSUS THE STATE REP. BY THE INSPECTOR OF POLICE RESPONDENT(S) JUDGMENT B.R. GAVAI, J.1. This appeal challenges the final judgment and order dated 27th August 2019, passed by the learned Single Judge of the High Court of Judicature at Madras1, whereby vide a common judgment, the High Court dismissed Criminal Appeal Nos. 449 and 840 of 2012. The present Appellant, who is Accused No.2, had filed the Criminal Appeal No.840 of 2012, along with Accused Nos. 3 and 4, under Section 374 of Criminal Procedure Code, 19732, challenging the judgment and order dated 26th June 2012, passed by the learned 1 Hereinafter referred to as, High Court. 2 Hereinafter referred to as, CrPC. 1 Additional District and Sessions Judge, Court No.III, Thirupathur, Vellore District3, in Sessions Case No.277 of 2010, whereby the trial court had convicted and sentenced the accused pers...
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REPORTABLE2024I NSC383IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.OF2024(Arising out of SLP (Crl.) No.5719/2023) AMANATULLAH KHAN APPELLANT VERSUS THE COMMISSIONER OF POLICE, DELHI & ORS. RESPONDENTS JUDGEMENT SURYA KANT, J.1. Leave granted.2. The appellant approached the High Court of Delhi through a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 for quashing of the History Sheet opened against him and the proposal to declare him as Bad Character with the entry of his name in the Surveillance Register-X, Part II, Bundle A at Police Station Jamia Nagar, District: South-East, Delhi. The Single Judge of High Court has, vide the impugned judgment dated 19.01.2023, dismissed the appellants writ petition, giving rise to these proceedings. Page 1 of 83. Upon notice, the Delhi Police entered appearance through Mr. Sanjay Jain, learned senior counsel, who was apprised of some distur...
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REPORTABLE2024INSC385IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 55 OF2015SUKHPAL SINGH .APPELLANT(S) VERSUS NCT OF DELHI .RESPONDENT(S) JUDGMENT Mehta, J.1. The instant appeal is directed against the judgment dated 7th January, 2010 passed by the High Court of Delhi in Criminal Appeal No.296 of 2003 whereby the appeal filed by the appellant against the judgment and order of conviction and sentence dated 6th March, 2003 passed by the learned Additional Sessions Judge, Karkardooma Courts, Delhi(hereinafter being referred to as the trial Court) was rejected.2. By the said judgment, the trial Court convicted the accused appellant for the offence punishable under Section 302 of the Indian Penal Code, 1860(hereinafter being referred to as the IPC) 1 and sentenced him to life imprisonment and fine of Rs.2000/-(in default further rigorous imprisonment for six months).3. Leave was granted by this Court in this matter on 8th January, 2015 and the accused...
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NON-REPORTABLE2024INSC384IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 3684 OF2023JAGVIR SINGH .APPELLANT(S) VERSUS STATE OF U.P. .RESPONDENT(S) JUDGMENT Mehta, J.1. The instant appeal is directed against the judgment dated 10th May, 2019 passed by the Division Bench of the High Court of Allahabad whereby the Criminal Appeal No.6318 of 2003 preferred by the appellant for challenging the judgment dated 25th November, 2003 and the order of sentence dated 27th November, 2003 passed by the learned Additional Sessions Judge No.1, Mainpuri(hereinafter being referred to as the trial Court) in S.T. No.56 of 2003 was rejected.2. By the said judgment, learned trial Court convicted the accused appellant and accused Omkar for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1 1860(hereinafter being referred to as IPC) while acquitting accused Sobran and Durvin from the charges. The accused appellant as well as accused O...
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2024 INSC387REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.OF2024(Arising out of Special Leave Petition (Crl.) No.3033 of 2024) CHILD IN CONFLICT WITH LAW THROUGH HIS MOTHER Appellant (s) VERSUS THE STATE OF KARNATAKA AND ANOTHER Respondent(s) JUDGMENT Rajesh Bindal, J.Leave granted. BRIEF FACTS2 The present appeal has been filed by Child in Conflict with Law1 impugning the order2 passed by the High Court3. 1 Hereinafter referred to as CCL. 2 Order dated 15.11.2023 passed in Criminal Revision Petition No.1243 of 2023. 3 High Court of Karnataka at Bengaluru. Page 1 of 773. Vide aforesaid order, the High Court set aside the order dated 10.04.2023 passed by the Board4.4. Briefly, the facts as available on record are that FIR5 was registered against the CCL for commission of offences under sections 376(i), 342 IPC and sections 4, 5, 6, 7 and 8 of Protection of Children from Sexual Offences Act, 20126. After his apprehension on 03.11.2021, the ...
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