Court : Supreme Court of India
Decided on : Apr-25-2024
2024 INSC359REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.177 OF2018RAHUL KUMAR YADAV ..Appellant(s) VERSUS THE STATE OF BIHAR .Respondent(s) WITH CRIMINAL APPEAL No.214 OF2018ORDER Mehta, J.Criminal Appeal No.177 of 2018 1. This appeal is preferred by the appellant-Rahul Kumar Yadav assailing the judgments dated 30th April, 2014 and 29th 1 June, 2017 passed by the learned Division Bench of Patna High Court in Criminal Appeal No.518 of 2013.2. The appellant and the co-accused were tried by the learned first Additional Sessions Judge, Darbhanga(hereinafter being referred to as the trial Court) in Sessions Trial No.441 of 2011 for the offences punishable under Sections 302 and 394 of the Indian Penal Code, 1860(hereinafter being referred to as IPC) and Section 27(2) of the Arms Act, 1959. The trial Court, vide judgment dated 9th April, 2013, convicted the appellant and the co-accused for the offences stated above and qua the charge under Sect...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-16-2024
2024 INSC434REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2608 OF2024(Arising out of Special Leave Petition (Crl.) No.121 of 2024) TARSEM LAL APPELLANT VERSUS DIRECTORATE OF ENFORCEMENT JALANDHAR ZONAL OFFICE RESPONDENT WITH CRIMINAL APPEAL NO.2609 OF2024@ SLP (Crl.) No.191 of 2024 CRIMINAL APPEAL NO.2610 OF2024@ SLP (Crl.) No.698 of 2024 CRIMINAL APPEAL NO.2611 OF2024@ SLP (Crl.) No.330 of 2024 CRIMINAL APPEALNO.2612 OF2024@ SLP (Crl.) No.743 of 2024 CRIMINAL APPEAL NO.2613 OF2024@ SLP (Crl.) No.728 of 2024 CRIMINAL APPEAL NO.2614 OF2024@ SLP (Crl.) No.969 of 2024 CRIMINAL APPEAL NO.2615 OF2024@ SLP (Crl.) No.3928 of 2024 JUDGMENT ABHAY S. OKA, J.1. Leave granted. Criminal Appeal @ SLP(Crl.) 121 of 2024 Page 1 of 37 FACTUAL ASPECTS2 Since the issues involved are common and very little turns on facts, we broadly refer to the factual aspects. The appellants are the accused in complaints under Section 44 (1) (b) of the Prevention of Money Lau...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-08-2024
2024 INSC24REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRL.) NO.491 OF2022BILKIS YAKUB RASOOL ...PETITIONER VERSUS UNION OF INDIA & OTHERS RESPONDENTS WITH WRIT PETITION (CRL.) NO.319 OF2022WRIT PETITION (CRL.) NO.326 OF2022WRIT PETITION (CRL.) NO.352 OF2022WRIT PETITION (CRL.) NO.403 OF2022WRIT PETITION (CRL.) NO.422 OF2022JUDGMENT NAGARATHNA, J.Table of Contents Sr. Particulars Page No(s). No.1 Preface 3-5 2 Details of the writ petitioners 5-9 3 Factual Background 9-25 Writ Petition (Crl.) No.491 of 2022 Etc. Page 1 of 251 4 Counter affidavit of State of Gujarat 25-47 5 Submissions 47-87 6 Reply Arguments 87-101 7 Points for consideration 101-251 (A) Re: Point No.1: Whether the petition 102-106 filed by one of the victims in Writ Petition (Crl.) No.491 of 2022 under Article 32 of the Constitution is maintainable?. (B) Re: Point No.2: Whether the writ petitions filed as Public Interest 106-117 Litigation (PIL) assailing the impugned orders of...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-23-2024
2024 INSC626REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.3114 OF2024Delhi Race Club (1940) Ltd. & Ors. Appellant(s) Versus State of Uttar Pradesh & Anr. Respondent(s) JUDGMENT J.B. PARDIWALA, J.:1. This appeal arises from the order passed by the High Court of Judicature at Allahabad dated 03.04.2024 in Application No.15453 of 2023 filed by the appellant herein by which, the High Court rejected the same and thereby declined to quash and set aside the summoning order dated 28.02.2023 passed by the Additional Chief Judicial Magistrate, Khurja, Bulandshahar in Complaint Case No.547 of 2021. Criminal Appeal No.3114 of 2024 Page 1 of 312. Facts giving rise to this appeal may be summarised as under: (i) The respondent No.2 herein is the original complainant. He lodged a private complaint in the court of Additional Chief Judicial Magistrate, Khurja, Bulandshahar against the appellants herein for the offence punishable under Sections 406, 420 & 120...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-03-2024
..... xiii conviction shall include an order made under section 117 read with 110 of the code of criminal procedure,1973 (central act 2 of 1974). 225. classes of prisoners: (1) as mentioned in rule 217, convicted prisoners are divided into two divisions or classes, a and b. (i) prisoners shall ..... the time of such conviction, was under the age of fifteen years. 176 section 19, criminal tribes act, 1911. 177 section 25, criminal tribes act, 1911. 178 section 21, 22, criminal tribes act, 1911. 179 section 23, criminal tribes act, 1911. 66 part xi to commit, or ..... capacity, health, education, and ability, based on an individualised assessment of the 121 part xiv individual. effectively, such rules obviate any inquiry into the correctional needs of the inmate and how, if at all they may be furthered by the assignment of work. 186 such rules are indifferent ..... by the s.s.p. which may be granted in appropriate cases if considered necessary for reasons recorded. such reasons must be scrutinized by the magistrate for permitting further detention; 219 air2017sc132220 2018 insc24879 part xii (iv) to avoid false implication of an innocent, a preliminary enquiry may ..... is in custody which causes humiliation and mental trauma corrodes the concept of human dignity . 66 in shabnam v. union of india,102 this court elucidated the principle that human dignity should be preserved even when a prisoner is sentenced to death. the court held, the process/procedure from confirmation of death sentence by the highest .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-02-2024
- 1 - NC:2024. KHC:25216 WP No.22483 of 2023 C/W CRL.P No.9086 of 2023 R CRL.P No.514 of 2024 WP No.19512 of 2022 WP No.19380 of 2023 WP No.19662 of 2023 WP No.20697 of 2023 WP No.22626 of 2023 WP No.27760 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE2D DAY OF JULY, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION No.22483 OF2023(GM-RES) C/W CRIMINAL PETITION No.9086 OF2023 CRIMINAL PETITION No.514 OF2024, WRIT PETITION No.19512 OF2022(GM-RES), WRIT PETITION No.19380 OF2023(GM-RES), WRIT PETITION No.19662 OF2023(GM-RES), WRIT PETITION No.20697 OF2023(GM-RES), WRIT PETITION No.22626 OF2023(GM-RES), WRIT PETITION No.27760 OF2023(GM-RES) IN WRIT PETITION No.22483 OF2023 BETWEEN: SRI. SATHISH S S/O LATE SRINIVASAISH N AGED ABOUT54YEARS, WORKING AS RFO, CHANNGIRI TALUK, DAVANAGERE-577 213 PERMANENT R/AT NUMBER #137 DALORS COLONY, NEAR ADHINATH JAIN TEMPLE, KRUSHI NAGAR, SHIVAMOGGA-577 204. PETITIONER (BY SRI. K.N. PHANINDRA, SENIOR COUNSEL FOR SRI. ...
Tag this Judgment!Court : Karnataka
Decided on : Jul-05-2024
1 R Reserved on :12. 06.2024 Pronounced on :05. 07.2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE5H DAY OF JULY, 2024 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.5232 OF2024BETWEEN:1. . SRI M.K.THAMMAIAH AGED ABOUT58YEARS, S/O KUSHALAPPA M.K., THE THEN DEPUTY SUPERINTENDENT OF POLICE, ACB, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU 560 001 PRESENTLY WORKING AS ADDL. SUPERINTENDENT OF POLICE, HASSAN, HASSAN DISTRICT 573 201. 2 . SRI S.R.VEERENDRA PRASAD AGED ABOUT46YEARS, S/O LATE SANNARANGAPPA, THE THEN POLICE INSPECTOR, ACB, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU 560 001. PRESENTLY WORKING AS CHIEF INTELLIGENCE OFFICER, BENGALURU CITY. 2 3 . SRI PRAKASH R., AGED ABOUT44YEARS, S/O RAMANJANEYALU, THE THEN DEPUTY SUPERINTENDENT OF POLICE, ACB, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU 560 001. PRESENTLY WORKING AS ASSISTANT COMMISSIONER OF POLICE SHESHADRIPURAM SUB- DIVISION, BENGALURU 560 020. 4 . SRI MANJUNATH G. HUGAR AGED ABOUT...
Tag this Judgment!Court : Karnataka
Decided on : Jul-02-2024
- 1 - NC:2024. KHC:25216 WP No.22483 of 2023 C/W CRL.P No.9086 of 2023 R CRL.P No.514 of 2024 WP No.19512 of 2022 WP No.19380 of 2023 WP No.19662 of 2023 WP No.20697 of 2023 WP No.22626 of 2023 WP No.27760 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE2D DAY OF JULY, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION No.22483 OF2023(GM-RES) C/W CRIMINAL PETITION No.9086 OF2023 CRIMINAL PETITION No.514 OF2024, WRIT PETITION No.19512 OF2022(GM-RES), WRIT PETITION No.19380 OF2023(GM-RES), WRIT PETITION No.19662 OF2023(GM-RES), WRIT PETITION No.20697 OF2023(GM-RES), WRIT PETITION No.22626 OF2023(GM-RES), WRIT PETITION No.27760 OF2023(GM-RES) IN WRIT PETITION No.22483 OF2023 BETWEEN: SRI. SATHISH S S/O LATE SRINIVASAISH N AGED ABOUT54YEARS, WORKING AS RFO, CHANNGIRI TALUK, DAVANAGERE-577 213 PERMANENT R/AT NUMBER #137 DALORS COLONY, NEAR ADHINATH JAIN TEMPLE, KRUSHI NAGAR, SHIVAMOGGA-577 204. PETITIONER (BY SRI. K.N. PHANINDRA, SENIOR COUNSEL FOR SRI. ...
Tag this Judgment!Court : Karnataka
Decided on : Jul-02-2024
- 1 - NC:2024. KHC:25216 WP No.22483 of 2023 C/W CRL.P No.9086 of 2023 R CRL.P No.514 of 2024 WP No.19512 of 2022 WP No.19380 of 2023 WP No.19662 of 2023 WP No.20697 of 2023 WP No.22626 of 2023 WP No.27760 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE2D DAY OF JULY, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION No.22483 OF2023(GM-RES) C/W CRIMINAL PETITION No.9086 OF2023 CRIMINAL PETITION No.514 OF2024, WRIT PETITION No.19512 OF2022(GM-RES), WRIT PETITION No.19380 OF2023(GM-RES), WRIT PETITION No.19662 OF2023(GM-RES), WRIT PETITION No.20697 OF2023(GM-RES), WRIT PETITION No.22626 OF2023(GM-RES), WRIT PETITION No.27760 OF2023(GM-RES) IN WRIT PETITION No.22483 OF2023 BETWEEN: SRI. SATHISH S S/O LATE SRINIVASAISH N AGED ABOUT54YEARS, WORKING AS RFO, CHANNGIRI TALUK, DAVANAGERE-577 213 PERMANENT R/AT NUMBER #137 DALORS COLONY, NEAR ADHINATH JAIN TEMPLE, KRUSHI NAGAR, SHIVAMOGGA-577 204. PETITIONER (BY SRI. K.N. PHANINDRA, SENIOR COUNSEL FOR SRI. ...
Tag this Judgment!Court : Karnataka
Decided on : Jul-02-2024
- 1 - NC:2024. KHC:25216 WP No.22483 of 2023 C/W CRL.P No.9086 of 2023 R CRL.P No.514 of 2024 WP No.19512 of 2022 WP No.19380 of 2023 WP No.19662 of 2023 WP No.20697 of 2023 WP No.22626 of 2023 WP No.27760 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE2D DAY OF JULY, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION No.22483 OF2023(GM-RES) C/W CRIMINAL PETITION No.9086 OF2023 CRIMINAL PETITION No.514 OF2024, WRIT PETITION No.19512 OF2022(GM-RES), WRIT PETITION No.19380 OF2023(GM-RES), WRIT PETITION No.19662 OF2023(GM-RES), WRIT PETITION No.20697 OF2023(GM-RES), WRIT PETITION No.22626 OF2023(GM-RES), WRIT PETITION No.27760 OF2023(GM-RES) IN WRIT PETITION No.22483 OF2023 BETWEEN: SRI. SATHISH S S/O LATE SRINIVASAISH N AGED ABOUT54YEARS, WORKING AS RFO, CHANNGIRI TALUK, DAVANAGERE-577 213 PERMANENT R/AT NUMBER #137 DALORS COLONY, NEAR ADHINATH JAIN TEMPLE, KRUSHI NAGAR, SHIVAMOGGA-577 204. PETITIONER (BY SRI. K.N. PHANINDRA, SENIOR COUNSEL FOR SRI. ...
Tag this Judgment!