Court : Supreme Court of India
Decided on : Jun-19-2020
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.452 OF2020(ARISING OUT OF SLP (CRL.) NO.2433/2020) S.KASI ...APPELLANT(S) VERSUS STATE THROUGH THE INSPECTOR OF POLICE SAMAYNALLUR POLICE STATION MADURAI DISTRICT ...RESPONDENT(S) JUDGMENT BHUSHAN,J.ASHOK This appeal has been filed questioning the judgment of Madurai Bench of Madras High Court dated 11.05.2020 in Crl.OP(MD) No.5296 of 2020 by which judgment the bail application of the appellant has been dismissed.2. Brief facts giving rise to this appeal are: - 2.1. The appellant is an accused in Crime No.495 of 2015 under Sections 457, 380, 457(2), 380(2), 411(2) and 414(2) of Indian Penal Code. The appellant was arrested on 21.02.2020 in the above case 2 and lodged in Central Prison, Trichy. The bail application of the appellant under Section 439 was rejected by the trial court on 30.04.2020. After being in judicial custody for more than 73 days, the appellant filed an application Crl.OP(MD)...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-02-2020
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.353 OF2020Satishkumar Nyalchand Shah .. Appellant Versus State of Gujarat & Ors. .. Respondents JUDGMENT M.R. Shah, J.Feeling aggrieved and dissatisfied with the impugned judgment and order dated 24.12.2018 passed by the High Court of Gujarat at Ahmedabad in Criminal Miscellaneous Application No.1 of 2018 in Special Criminal Application No.8704 of 2018, by which the High Court has dismissed the said application preferred by the appellant herein permitting him to be joined as respondent No.4 in the said Special Criminal Application No.8704 of 2018, which was filed by the private respondent herein seeking further investigation against other persons (other than 2 the appellant who is one of the accused and is already charge-sheeted), the appellant has preferred the present appeal.2. The facts leading to the present appeal in nutshell are as under: That in an earthquake on 26.01.2001, number of bu...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jun-18-2020
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.458 OF2020[ARISING OUT OF SLP (CRL.) NO.1882 OF2018 D. DEVARAJA Appellant OWAIS SABEER HUSSAIN Respondent VERSUS JUDGMENT Indira Banerjee, J.Leave granted.2. This appeal is against a judgment and order dated 31-1-2018 passed by the Karnataka High Court, disposing of the application of the appellant under Section 482 of the Code of Criminal Procedure for quashing an order dated 27-12-2016 passed by the Additional Chief Metropolitan Magistrate III, Bengaluru City in PCR No.17214 of 2013, taking cognizance of a private complaint being PCR No.17214 of 2013 inter alia against the accused appellant, for offences punishable under Sections 120-B, 220, 323, 330 348, 506B read with Section 34 2 of the Indian Penal Code. The High Court did not quash the impugned order of the Additional Chief Metropolitan Magistrate dated 27.12.2006, but remitted the complaint back to the Learned Additional Chief Metropol...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-16-2020
[REPORTABLE]. IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION (CRL.) NOS. 534-536 OF2019Umesh Kumar Sharma Petitioner Versus State of Uttarakhand & Ors. Respondents JUDGMENT Hrishikesh Roy, J.1. The present petitions are filed under Section 406 of the Code of Criminal Procedure, 1973 (for short the CrPC) read with Order XXXIX of the Supreme Court Rules seeking transfer of three criminal cases pending before different courts in Dehradun to competent courts in Delhi or some other courts outside the State of Uttarakhand. Page 1 of 202. Mr. Kapil Sibal, the learned Senior Counsel submits that the petitioner apprehends threat to his life and will be prejudiced in conducting his defense in the courts at Dehradun. The basic premise for such apprehension is that on account of his work as an investigative journalist against the Ruling dispensation, the State is targeting the petitioner for vindictive prosecution. It is pointed out that as a journalist the petition...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-29-2020
..... code of criminal procedure, 1973 (2 of 1974) have the meanings respectively assigned to them in that code.95. the definition of the terms inquiry and investigation as contained in sections 2(g) and 2(h) of the cr.p.c. are as follows: 2.(g) inquiry means every inquiry, other than a trial, conducted under this code by a magistrate or court; (h) investigation includes all the proceedings under this code for the collection of evidence conducted by a police officer or by any person (other than a magistrate) who is authorised by a magistrate ..... sections (1) and (2), the fact that an offence under this act has caused no substantial harm to the general public or to any individual shall be an adequate and special reason for awarding a sentence of imprisonment for a term of less than six months. (6) nothing in the proviso to section 188 of the code of criminal procedure, 1973 (2 of 1974) shall apply to any offence punishable under this section ..... provide for some stringent measures, including provision for death penalty in certain cases of commission of offence ..... magistrate may empower any magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try.116. chapter xii of the cr.p.c comprising sections 154 to 176 relating to information to the police and their powers to investigate have no application to any inquiry or investigation under the ndps act, except to the extent expressly provided in the ndps act. sections .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-23-2020
R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE23D DAY OF DECEMBER, 2020 PRESENT THE HON' BLE MR. JUSTICE B. VEERAPPA AND THE HONBLE MR. JUSTICE K.NATARAJAN CRIMINAL APPEAL No.1459/2019 BETWEEN: GOVINDARAJU @ KUTTI S/O BALA, AGED ABOUT22YEARS, R/AT NEAR MARIYAMMA TEMPLE, 3RD CROSS, SATHYANAGAR, MARUTHISEVANAGAR, POST, BANGALORE-560033. ...APPELLANT (BY SRI RAMACHANDRA R NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA BY BANASWADI POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, AMBEDKAR VEEDHI, BANGALORE-560001. RESPONDENT (BY SRI VINAYAKA V.S., HCGP) 2 THIS CRIMINAL APPEAL IS FILED UNDER SECTION3742) OF THE CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED1403.2018 PASSED BY THE LEARNED LIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN S.C. No.527/2016, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL APPEAL IS COMING ON FOR ORDERS THIS DAY, B.VEERAPPA, J, DELIVERED THE FOLLOWING: JUDGMEN...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-11-2020
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Non-Reportable Criminal Appeal No (Arising out of S.L.P. (Crl.) No.1174 of 2017) .232 of 2020 RAJEEV KOURAV Versus .... Appellants BAISAHAB AND ORS. . Respondent (s) JUDGMENT L. NAGESWARA RAO, J.The above Appeal is filed against the judgment of 1. the High Court of Madhya Pradesh, Principal Seat at Jabalpur by which a criminal proceeding against Respondent Nos.1 and 3 was quashed in exercise of its power under Section 482 of the Code of Criminal Procedure (for short the CrPC). The Appellant filed a complaint before the Police 2. Station Kareli, District Narsinghpur on which FIR No.285 of 2014 was registered on 08.05.2014. According to the complaint, it was urged that Respondent Nos.1 to 3 1 subjected Nilu, the wife of the Appellant to harassment due to which she committed suicide along with her two children. The first Respondent is the wife of elder brother of the Appellant. The second and third Respondents are the brothers ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-31-2020
1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No 893 of 2020 (Arising out of SLP (C) No 3148 of 2020 (Arising out of SLP (C) D No 8200 of 2019) Reportable State of Odisha and Ors .... Appellant(s) Versus Gobinda Behera ....Respondent(s) JUDGMENT Dr Dhananjaya Y Chandrachud, J12 3 Delay condoned. Leave granted. This appeal arises from a judgment and order of a Division Bench of the High Court of Orissa dated 29 March 2018. 4 The respondent applied for appointment to the post of a Constable in the Odisha State Police in the 6th IR Batallion, Khurda on 29 October 2011. In response to a query, the respondent specifically stated in his application that he was not involved in any criminal case. He was appointed on 14 December 2011. A verification roll was provided to him, which was to be filled up in terms of Rule 673 of the Orissa Police Rules. On 22 May 2012, the Superintendent of Police, Puri informed the Commandant that during the course of the verification of...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-02-2020
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 546-550 OF2017M/S BANDEKAR BROTHERS PVT. LTD. & ANR. Appellants Versus PRASAD VASSUDEV KENI, ETC. ETC. Respondents JUDGMENT R.F. Nariman, J.1. The proceedings in this case arise out of two criminal complaints dated 11.08.2009 filed by the Appellants against the Respondents herein before the Court of the Sessions Judge, North Goa, under Section 340 read with Section 195 of the Code of Criminal Procedure, 1973 (CrPC) in respect of offences alleged under Sections 191 and 192 of the Indian Penal Code, 1860 (IPC).2. Accused No.1 in the aforesaid complaints is a proprietary concern of the late V.G. Quenim, based in Goa, which is engaged in the business of producing, processing and sale of iron ore. Accused Nos.2 and 3 are his son and wife respectively, who are the co-proprietors of M/s V.G. Quenim, the aforesaid V.G. Quenim having expired on 20.07.2007. M/s V.G. 1 Quenim had shared a business relati...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-19-2020
[REPORTABLE]. IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION Transfer Petition (Crl.) No.225 of 2020 Rhea Chakraborty Petitioner Versus State of Bihar & Ors. Respondent(s) JUDGMENT Hrishikesh Roy, J.1. This Transfer Petition is filed under section 406 of the Code of Criminal Procedure, 1973 (for short CrPC) read with Order XXXIX of the Supreme Court Rules, 2013 with prayer for transfer of the FIR No.241 of 2020 (dated 25.7.2020) under Sections 341, 342, 380, 406, 420, 306, 506 and 120B of the Indian Penal Code, 1860 (for short IPC) registered at the Rajeev Nagar Police Station, Patna and all consequential proceedings, from the jurisdiction of the Additional Chief Judicial Magistrate III, Patna Sadar, Page 1 of 35 to the Additional Chief Metropolitan Magistrate, Bandra Mumbai. The matter relates to the unnatural death of the actor Sushant Singh Rajput on 14.6.2020, at his Bandra residence at Mumbai. The deceased resided within Bandra Police Station jurisdiction and there i...
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