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Sep 10 2024 (SC)

Raghuveer Sharan Vs. District Sahakari Krishi Gramin Vikas Bank

Court : Supreme Court of India

1 REPORTABLE2024INSC681IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE/INHERENT JURISDICTION CRIMINAL APPEAL NO(s). 2764 OF2024(Arising out of Special Leave Petition (Crl.) No.3419 OF2024 RAGHUVEER SHARAN ... APPELLANT VERSUS DISTRICT SAHAKARI KRISHI GRAMIN VIKAS BANK & ANR. ...RESPONDENTS WITH CONTEMPT PETITION (C) No.508 OF2024IN CRIMINAL APPEAL NO(s). 2764 OF2024@ SPECIAL LEAVE PETITION (CRL.) No.3419 OF2024 JUDGMENT PRASHANT KUMAR MISHRA, J.CRIMINAL APPEAL NO(s). 2764 OF20241. The appellant seeks to challenge the judgment and order dated 09.11.2023 passed by the High Court of Madhya Pradesh in Criminal Revision No.1925 of 2023 whereby the High Court has dismissed the appellants revision application affirming the order passed by the Special Court MP/MLA) Gwalior on 17.04.2023 in exercise of power under 2 Section 319 of the Code of Criminal Procedure, 19731 to summon the appellant as an accused.2. The facts of the case, briefly stated, are that in the year 1998, one Rajendra Bharti ...

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Sep 09 2024 (SC)

Dhanraj Aswani Vs. Amar S. Mulchandani

Court : Supreme Court of India

REPORTABLE2024INSC669IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2501 OF2024(arising out of SLP (Crl.) No.6942 of 2024) DHANRAJ ASWANI APPELLANT VERSUS AMAR S. MULCHANDANI & ANR. RESPONDENTS JUDGMENT J.B. PARDIWALA, J.:- For the convenience of exposition, this judgment is divided into the following parts: A. SUBMISSIONS ON BEHALF OF THE APPELLANT ........................... 4 B. SUBMISSIONS ON BEHALF OF THE RESPONDENT No.1 (ORIGINAL ACCUSED) ............................................................................. 7 C. VIEWS OF DIFFERENT HIGH COURTS ON THE ISSUE IN QUESTION ................................................................................................. 10 D. ANALYSIS .................................................................................................. 25 i. Evolution of the concept of anticipatory bail ....................................... 25 ii. Whether a person, while in custody for a particular offence, can ha...

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Sep 09 2024 (SC)

Abhishek Banerjee Vs. Directorate Of Enforcement

Court : Supreme Court of India

REPORTABLE2024INSC668IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No(s). 2221-2222 OF2023ABHISHEK BANERJEE & ANR. APPELLANT(S) VERSUS DIRECTORATE OF ENFORCEMENT RESPONDENT(S) JUDGMENT BELA M. TRIVEDI, J.1. Both these Appeals are arising out of the Common Impugned Order dated 11.03.2022 passed by the High Court of Delhi in W.P (Crl.) No.1808 of 2021 and Crl. M.C. No.2442 of 2021, filed by the Appellants (Original Petitioners), whereby the High Court has dismissed the same.2. The Writ Petition (Crl.) No.1808 of 2021 was filed by the Appellants - Abhishek Banerjee and Rujira Banerjee seeking quashing of the Summons dated 10.09.2021 issued to them by the Respondent ED under Section 50 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the PMLA), and seeking further direction 1 against the Respondent not to issue any Summons under Section 50 of the said Act to the Appellants for their appearance in New Delhi, rather than their homet...

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Sep 06 2024 (SC)

Baccarose Perfumes And Beauty Products Pvt. Ltd. Vs. Central Bureau Of ...

Court : Supreme Court of India

2024 INSC662REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.3216 OF2024BACCAROSE PERFUMES AND BEAUTY PRODUCTS PVT. LTD APPELLANT VERSUS CENTRAL BUREAU OF INVESTIGATION & ANR. RESPONDENTS JUDGMENT AUGUSTINE GEORGE MASIH, J.1. The Appellant (hereinafter referred to as Appellant-Company) is assailing the Order dated 15.09.2023, wherein the High Court of Gujarat dismissed the Criminal Revision Application No.783 of 2017 (hereinafter referred to as CRA No.783 of 2017) moved under Section 397 read with Section 401 of Code of Criminal Procedure, 1973 (hereinafter referred to as CrPC1973) against the rejection of Criminal Appeal No.3216 of 2024 Page 1 of 17 discharge application moved by the Appellant- Company. The said application was dismissed by the learned Special Judge (CBI) at Ahmedabad (hereinafter referred to as Special Judge) vide Order dated 19.07.2017.2. It is alleged by the Central Bureau of Investigation, being Respondent No.01 (hereina...

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Sep 06 2024 (SC)

Devendra Kumar Pal Vs. State Of U.p

Court : Supreme Court of India

NON-REPORTABLE2024INSC679IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.OF2024(Arising out of SLP(Crl.) No.6960 of 2021) DEVENDRA KUMAR PAL APPELLANT(S) VERSUS STATE OF U.P AND ANOTHER RESPONDENT(S) JUDGMENT B.R. Gavai, J.1. Leave granted 2. The present appeal challenges the judgment and order dated 25th August 2021 passed by the learned Single Judge of the High Court of Judicature at Allahabad, vide which the petition filed by the present appellant challenging the order passed by the learned Additional Sessions Judge (hereinafter referred to as learned Trial Judge) dated 21st March 2012 was dismissed.3. The facts of the present case are not disputed.4. The trial court proceeded with the trial in connection with the offence punishable under Section 302 of the Indian 1 Penal Code, 1860 (for short IPC).5. After the conclusion of the trial, the learned Trial Judge convicted some of the accused and acquitted the others.6. The learned Trial Judge was also o...

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Sep 06 2024 (SC)

Mandakini Diwan Vs. The High Court Of Chhattisgarh

Court : Supreme Court of India

2024 INSC666REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.OF2024(ARISING OUT OF SLP(CRL.) NO.12649 OF2023 MANDAKINI DIWAN AND ANR. APPELLANTS VERSUS THE HIGH COURT OF CHHATTISGARH & ORS. RESPONDENTS JUDGMENT VIKRAM NATH, J.1. Leave granted.2. This appeal assails the correctness of the order dated 10.05.2023 passed by the Division Bench of High Court of Chhattisgarh in W.P.Cr. No.197 of 2016 titled as Mandakini Diwan & Anr. vs. High Court of Chhattisgarh and seven others whereby the writ petition was dismissed with liberty to the SLP(CRL.) NO.12649 OF2023Page 1 of 17 petitioners therein (appellants herein) to avail the appropriate remedy before the appropriate forum.3. Before referring to the facts we wish to make it clear that we are not entering into the detailed facts and submissions as advanced by the parties because any observation made by us on such submissions and detailed facts may result into influencing a fair investigation which w...

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Sep 04 2024 (SC)

Nitya Nand Vs. State Of Uttar Pradesh

Court : Supreme Court of India

REPORTABLE2024INSC655IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1348 OF2014NITYA NAND APPELLANT(S) VERSUS STATE OF U.P. & ANR. RESPONDENT(S) JUDGMENT UJJAL BHUYAN, J.This appeal is directed against the judgment and order dated 27.09.2012 passed by the Allahabad High Court upholding the conviction of the appellant alongwith others under Sections 148 and 302/149 of the Indian Penal Code, 1860 (IPC).2. It may be mentioned that learned Sessions Judge, Etah vide the judgment and order dated 20.01.1997 passed in Sessions Trial No.17 of 1993 convicted the appellant alongwith three others under Sections 148 and 302/149 IPC and sentenced each of them to undergo rigorous imprisonment (RI) for two years and to pay fine of Rs. 2,000.00 for the conviction under Section 148 IPC with 2 a default stipulation and further sentenced to undergo imprisonment for life under Section 302/149 IPC. Another accused Shree Dev was convicted for the offences punishable under Se...

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Sep 04 2024 (HC)

Sri. Shivabasavegowda Vs. State Of Karnataka

Court : Karnataka

- 1 - NC:2024. KHC:36187-DB CRL.A No.773 of 2018 C/W CRL.A No.195 of 2018 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE04H DAY OF SEPTEMBER, 2024 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL APPEAL No.773 OF2018(C) C/W CRIMINAL APPEAL No.195 OF2018(C) IN CRL.A No.773/2018 (C) BETWEEN: SMT UMA W/O CAUVERY GOWDA, R/AT CHIKKEGOWDANADODDI VILLAGE, UYYAMBALLI HOBLI, KANAKAPURA TALUK. APPELLANT (BY SRI. VEERANNA G TIGADI, ADVOCATE) AND: STATE OF KARNATAKA BY SATHANUR POLICE STATION, RAMANAGARA DISTRICT. RESPONDENT (BY SRI. VIJAYAKUMAR MAJAGE, SPP-II) THIS CRL.A. FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED1901.2018 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA TO SIT AT KANAKAPURA IN S.C.NO.5017/2013 - CONVICTING THE APPELLANT/ACCUSED NO.1 FOR THE OFFENCE P/U/S302AND201R/W34OF IPC.-. 2 - NC:2024. KHC:36187-DB CRL.A No.773 of 2018 C/W CRL.A No.195 of 2018 ...

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Sep 04 2024 (HC)

Smt Uma Vs. State Of Karnataka By

Court : Karnataka

- 1 - NC:2024. KHC:36187-DB CRL.A No.773 of 2018 C/W CRL.A No.195 of 2018 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE04H DAY OF SEPTEMBER, 2024 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL APPEAL No.773 OF2018(C) C/W CRIMINAL APPEAL No.195 OF2018(C) IN CRL.A No.773/2018 (C) BETWEEN: SMT UMA W/O CAUVERY GOWDA, R/AT CHIKKEGOWDANADODDI VILLAGE, UYYAMBALLI HOBLI, KANAKAPURA TALUK. APPELLANT (BY SRI. VEERANNA G TIGADI, ADVOCATE) AND: STATE OF KARNATAKA BY SATHANUR POLICE STATION, RAMANAGARA DISTRICT. RESPONDENT (BY SRI. VIJAYAKUMAR MAJAGE, SPP-II) THIS CRL.A. FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED1901.2018 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA TO SIT AT KANAKAPURA IN S.C.NO.5017/2013 - CONVICTING THE APPELLANT/ACCUSED NO.1 FOR THE OFFENCE P/U/S302AND201R/W34OF IPC.-. 2 - NC:2024. KHC:36187-DB CRL.A No.773 of 2018 C/W CRL.A No.195 of 2018 ...

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Sep 03 2024 (HC)

M/s. Siddhasiri Souharda Sahakari Niyamit Vs. Karnataka State Pollutio ...

Court : Karnataka

1 Reserved on :08. 08.2024 Pronounced on :03. 09.2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU R DATED THIS THE03D DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.2350 OF2024BETWEEN:1. . M/S. SIDDHASIRI SOUHARDA SAHAKARI NIYAMIT SY. NO.239/A, 240/A, 249 AND250CHINCHOLI VILLAGE, TALUK CHINCHOLI, DISTRICT KALABURAGI 585 307 REPERSENTED BY ITS CHAIRMAN SRI BASANAGOUDA PATIL (YATNAL) S/O RAMANAGOUDA B.PATIL AGED ABOUT59YEARS, OCC: MLA. 2 . SRI RAMANGOUDA PATIL @ RAMANGOUDA, BASANAGOUDA PATIL S/O SRI BASANAGOUDA PATIL (YATNAL) AGED ABOUT29YEARS DIRECTOR M/S. SIDDHASIRI SOUHARDA SAHAKARI NIYAMIT SY.NO.239/A, 240/A, 249 AND250CHINCHOLI VILLAGE TQ, CHINCHOLI DISTRICT KALABURAGI 585 307. 2 3 . SRI SHIVKUMAR PATIL S/O ANNEPPA PATIL AGED ABOUT54YEARS GENERAL MANAGER PLANT HEAD OF M/S. SIDDHASIRI SOUHARDA SAHAKARI NIYAMIT SY.NO.239/A, 240/A, 249 AND250CHINCHOLI VILLAGE, TALUK CHINCHOLI DISTRICT KALABURAGI 585 307. ... PETITIONERS (BY SRI VENKATESH D...

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