Court : Supreme Court of India
1 NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1380 OF2023(@ SPECIAL LEAVE PETITION (CRIMINAL) NO.11673/2019) KUNTI AND ANR. .APPELLANTS V. STATE OF UTTAR PRADESH AND ANR. RESPONDENTS JUDGMENT SANJAY KAROL, J.Leave Granted.1. The present appeal arising out of special leave petition is directed against the judgement and order dated 18.10.2019 passed by the High Court of Judicature at Allahabad (hereinafter referred to as the High Court) in Application u/s 482, Code of Criminal Procedure, 1908, (hereafter CrPC) No.32337 of 2013, filed by the Appellants praying for quashing the order dated 22.11.2012 passed by the Chief Judicial 2 Magistrate, Bulandshahr, in Case No.6695 of 2012 arising out of Case Crime No.421 of 2012 under Sections 406, 420, 467, 468, 417 and 418 of the Indian Penal Code, 1860. By the said judgement, the Honble High Court dismissed the Application filed by the Appellant(s) and held that no grounds to interfere are found....
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPEALLATE JURISDICTION CRIMINAL APPEAL NOS. 1331-1332 OF2023OMPRAKASH SAHNI ... APPELLANT VERSUS JAI SHANKAR CHAUDHARY & ANR. ETC. ... RESPONDENTS JUDGMENT J.B. PARDIWALA, J.:1. These appeals are at the instance of the original first informant (brother of the deceased) and are directed against a common order passed by the High Court of Judicature at Patna in Criminal Appeal (DB) No.322 of 2021 and Criminal Appeal (DB) No.411 of 2021 respectively by which, the High Court suspended the substantive order of sentence of life imprisonment imposed by the Trial Court on the respondent Nos. 1, 3 and 4 respectively herein (convicts) and ordered their release on bail pending the final disposal of the two criminal appeals referred to above. FACTUAL MATRIX2 It appears from the materials on record that the respondents Nos. 1, 3 and 4 respectively herein along with six other co-accused were put to trial in the Page 1 | 22 Court of Additional Session...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1011 OF2023JUDGEBIR SINGH @ JASBIR SINGH .... APPELLANT(S) SAMRA @ JASBIR & ORS. VERSUS NATIONAL INVESTIGATION .... RESPONDENT(S) AGENCY WITH CRIMINAL APPEAL No.1012 OF2023JUDGMENT J.B. PARDIWALA, J:1. As the issues raised in both the captioned appeals are common and the challenge is also to the self-same order passed by the High Court, those were taken up for hearing analogously and are being disposed of by this common judgment and order.2. These appeals by special leave are at the instance of five under trial accused charged with having committed offences punishable under Section CRIMINAL APPEAL No.1011 OF2023Page 1 of 53 120B of the Indian Penal Code, 1860 (for short, the IPC), Sections 17, 18, 18B and 20 respectively of the Unlawful Activities (Prevention) Act, 1967 (for short, the UAPA) and Sections 4 and 5 respectively of the Explosive Substances Act, 1908 (for short, the 1908 Act) and are...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) No.1118 OF2014SHILPA SAILESH ..... PETITIONER VERSUS VARUN SREENIVASAN ..... RESPONDENT W I T H TRANSFER PETITION (CRIMINAL) No.96 OF2014TRANSFER PETITION (CRIMINAL) No.339 OF2014TRANSFER PETITION (CRIMINAL) No.382 OF2014TRANSFER PETITION (CRIMINAL) No.468 OF2014A N D TRANSFER PETITION (CIVIL) NOS. 1481-1482 OF2014JUDGMENT SANJIV KHANNA, J.Background. T.P. (C) No.1118 of 2014 & Ors. Page 1 of 61 The issues before this Constitution Bench, as adumbrated below, arise primarily from the order dated 12.05.2010 passed in T.P. (C) No.899 of 2007, Neeti Malviya v. Rakesh Malviya, wherein a bench of two judges had doubted the view expressed in Anjana Kishore v. Puneet Kishore1 and Manish Goel v. Rohini Goel2 that this Court, in exercise of the power under Article 142 of the Constitution of India, cannot reduce or waive the period of six months for moving the second motion as stipulated in sub-section ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.575 OF2011SANTOSH @ BHURE Appellant VERSUS STATE (G.N.C.T.) OF DELHI Respondent WITH CRIMINAL APPEAL NO.576 OF2011STATE Appellant VERSUS NEERAJ Respondent JUDGMENT MANOJ MISRA, J.1. These two appeals preferred against the judgment and order of the Delhi High Court (for short the High Court) dated March 5, 2009 in two connected appeals i.e. Criminal Appeal Nos.682 of 2008 and 316 of 2008 are being decided by a common judgment. Criminal Appeal No.575 of 2011 Etc. Page 1 of 792. Two persons, namely, Santosh @ Bhure (appellant in Criminal Appeal No.575 of 2011) and Neeraj (respondent in Criminal Appeal No.576 of 2011) were tried for offences punishable under Sections 302 read with 34 and 120-B of the Indian Penal Code, 1860 (for short IPC). The Court of Additional Sessions Judge, Rohini Courts, Delhi (for short the Trial Court) vide order dated 27.02.2008 found them guilty for offence punishable...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. OF2023(ARISING OUT OF SLP (CRL.) NOS. 7628-7630 OF2017 STATE THROUGH CENTRAL .. APPELLANT BUREAU OF INVESTIGATION VERSUS HEMENDHRA REDDY & ANOTHER. ETC. .. RESPONDENT(S) JUDGMENT J.B. PARDIWALA, J.:1. Leave granted.2. Since the issues raised in all the captioned appeals are the same those were taken up for hearing analogously and are being disposed of by this common judgment and order.3. The principal question of law that falls for the consideration of this Court in the present litigation is whether the High Court was justified in quashing the entire prosecution instituted by the CBI against the accused persons for the alleged offences on the ground that the CBI could not have undertaken further investigation under sub section (8) of Section 173 of the Code of Criminal Procedure, 1973 (for short, the CrPC) and filed a 2 chargesheet having once already submitted a final report under sub secti...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 309 OF2023P. V. NIDHISH & ORS. ...APPELLANT(S) VERSUS KERALA STATE WAKF BOARD & ANR. ...RESPONDENT(S) JUDGMENT S. RAVINDRA BHAT, J.1. The present appeal1 was heard finally, with the consent of counsel for parties. The appellants are aggrieved by the judgment of the Kerala High Court2 rejecting their petition under Section 482, Criminal Procedure Code, 1973 (hereafter Cr. PC). They had, through those proceedings, sought a direction to quash a criminal complaint instituted against them. I2 The appellants urge that one P.M. Mammu Haji leased two shop rooms (numbered as municipal numbers VII/214 and VII/215- hereafter the premises), 1 Crl. A. No.309 / 2023. 2 Dated 03.03.2016 in Crl. MC No.5072/2015. 2 long ago (in 1916), before the coming into force of the Wakf Act. Norman Printing Bureau (hereafter the Bureau) was a concern of Achuthan Nair; it was functioning in the premises. A partnership ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.OF2023(Arising out of SLP (Criminal) No.3686 of 2021) PRAKASH AGGARWAL ...APPELLANT(S) VERSUS GANESH BENZOPLAST LIMITED AND ANOTHER ...RESPONDENT(S) WITH CRIMINAL APPEAL No.OF2023(Arising out of SLP (Criminal) No.4094 of 2021) CRIMINAL APPEAL NOS. OF2023(Arising out of SLP (Criminal) Nos. 3707-3708 of 2021) JUDGMENT B.R. GAVAI, J.1. Leave granted.2. The present appeals challenge the judgment and order dated 26th April 2021, passed by the High Court of Judicature at Bombay, thereby dismissing Criminal Writ Petition Nos. 348, 349 and 357 of 2020 filed by the 1 appellants herein seeking quashing of the order dated 22nd March 2017 passed by the Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai (hereinafter referred to as the trial court), thereby issuing summons to them. The High Court allowed Criminal Writ Petition Nos. 127, 128, 129 and 130 of 2020 filed by the complainant/respondent ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1294 OF2023(@ SLP (Crl) No.4394/2021) Bohatie Devi (Dead) Through LR ...Appellant(s) Versus The State of Uttar Pradesh & Ors...Respondent(s) With CRIMINAL APPEAL No.1295 OF2023(@ SLP (Crl) No.7708/2021) JUDGMENT M.R. SHAH, J.1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Allahabad in Criminal Misc. Page 1 of 26 Writ Petition No.7093/2019, by which, the High Court has dismissed the said writ petition preferred by the appellant herein mother of the deceased Satyveer alias Kallu, in which, the appellant challenged order dated 13.02.2019 passed by the Secretary (Home), State of UP, Lucknow, whereby he ordered for further investigation by CBCID of Case Crime No.1069/2014, the original writ petitioner has preferred the present appeal.2. The facts leading to the present appeal in a nutshell are as under: - 2.1 That son of the appellant Satyavee...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 1315-1316 OF2023(Arising out of SLP (Criminal) Nos.8047-8048 of 2019) STATE OF MADHYA PRADESH Appellant VERSUS PHOOLCHAND RATHORE Respondent JUDGMENT MANOJ MISRA, J.1. Leave granted.2. These appeals are by the State of Madhya Pradesh against the judgement and order of the High Court of Madhya Pradesh at Jabalpur (for short the High Court) dated 11.12.2015 in Criminal Appeal No.1292 of 2015 connected with Criminal Reference No.2 of 2015 whereby, the order of conviction and sentence including death penalty awarded to the respondent by the Court of District and Sessions Judge, Anuppur in Sessions Trial No.72 of 2010, Crl. Appeals @ SLP (Crl.) Nos.8047-8048 of 2019 Page 1 of 36 under sections 302 and 201 of the Indian Penal Code, 1860 (for short IPC) has been set aside and the respondent has been acquitted.3. To have a clear understanding of the issues raised in these appeals a brief description...
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