Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1209 OF2021PREM SHANKAR PRASAD .. APPELLANT(S) VERSUS THE STATE OF BIHAR & ANR. .. RESPONDENT(S) JUDGMENT M. R. Shah, J.1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 14.08.2019 passed by the High Court of Judicature at Patna in Criminal Miscellaneous Application No.50530 of 2019, by which the High Court has allowed the said criminal miscellaneous application and has granted anticipatory bail to respondent No.2 herein accused, the original informant complainant has preferred the present appeal. 12. That first information report came to be filed by the appellant herein against respondent No.2 with Chapra Town Police Station, Saran in case No.453 of 2018 for the offences punishable under sections 406, 407, 468, 506 of the Indian Penal Code, 1860. A warrant of arrest came to be issued by learned Chief Judicial Magistrate, Saran, Chapra on 19.12.2018. It appears t...
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION I.A. No.47584/2021 IN CIVIL APPEAL NO.6352 OF2012M/S DSM NUTRITIONAL PRODUCTS LTD. Petitioner VERSUS UNION OF INDIA & ORS Respondents ORDER Learned Counsel Ms. Praveena Gautam submitted that the issues raised in this appeal do not call for any further consideration as they have become academic in nature and hence an application has been filed seeking withdrawal of the appeal. Submission of the learned counsel for the appellant is placed on record. The appeal is dismissed as withdrawn. Application is accordingly, disposed of. .....................J.(B.V.NAGARATHNA) New Delhi October 20, 2021...
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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.770 OF2010UMA SHANKER SHARMA Appellant VERSUS THE REGISTRAR GENERAL Respondent HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD ORDER Learned counsel for the appellant Ms. Manisha Ambwani submitted that the appellant died on 27th July, 2021 and therefore the appeal has abated. She also submitted that a copy of the death certificate evidencing the demise of the appellant has also been filed. The same is perused. In such circumstances, the appeal abates on account of the death of the sole appellant. .....................J.(B.V.NAGARATHNA) New Delhi October 20, 2021...
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Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.1159 of 2021 (Arising out of SLP (Crl.) No.5699 of 2021) State of Gujarat & Anr. ....Appellants Versus Narayan @ Narayan Sai @ Mota Bhagwan Asaram .... Respondent @ Asumal Harpalani JUDGMENT Dr Dhananjaya Y. Chandrachud, J1The appeal arises from a judgment of a Single Judge of the High Court of Gujarat dated 24 June 2021. The Single Judge directed the release of the respondent on furlough. A Factual Background 2 An FIR, C.R. No.I-31/2013, was registered against the respondent on 6 October 2013 at Jahangirpura Police Station for offences under Sections 376(2)(c), 377, 354, 344, 357, 342, 323, 504, 506(2), 120-B, 212, 153 and 114 of 1 1 the Indian Penal Code 1860 . Charges were framed. On the conclusion of the trial, the Sessions Court by a judgment dated 30 April 2019 convicted the respondent. The conviction and sentence are summarised below: (i) Section 376(2): life imprisonment together with a ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.1233 of 2021 (Arising out of SLP (Crl.) No 7072 of 2021) Jaswant Singh ... Appellant(s) Versus State of Punjab & Anr. ... Respondent(s) ORDER VIKRAM NATH, J.1. By means of this appeal, the appellant Jaswant Singh has prayed for quashing of the order dated 06.02.2020 passed by the learned Single Judge of the Punjab and Haryana High Court in CRM-M-32011 of 2018 (O&M) whereby the High Court declined to exercise its powers under Section 482 of the Criminal Procedure Code1 to quash the criminal proceedings arising out of FIR No.179 dated 29.10.2009 under Section 406/420 of the Indian Penal Code2 , Police Station Fatehgarh Sahib, District Fatehgarh Sahib. However, the High Court granted bail to the appellant subject to certain conditions contained in the said order. The factual matrix giving rise to the present appeal is narrated hereunder:2. Respondent no.2 Nasib Singh (the Complainant) moved an appl...
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Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No 1165 of 2021 Naser Bin Abu Bakr Yafai Appellant Versus The State of Maharashtra & Anr. Respondents With Criminal Appeal No 1166 of 2021 JUDGMENT Dr Dhananjaya Y Chandrachud, J This judgment has been divided into sections to facilitate analysis. They are: A Facts B Submissions C Provisions of the NIA Act D Continuation of investigation by the ATS Nanded E CJM, Nandeds jurisdiction for remand and committal to trial F Conclusion 1 PART A A Facts 1 This batch of two appeals arises from a judgment dated 5 July 2018 of a Division Bench of the High Court of Judicature at Bombay. 1 2 On 14 July 2016, an FIR was registered under Sections 120-B and 471 of 2 the Indian Penal Code 1860 read with Sections 13, 16, 18, 18-B, 20, 38 and 39 of 3 the Unlawful Activities (Prevention) Act 1967 and Sections 4, 5 and 6 of the 4 5 Explosive Substances Act 1908 . It was registered with the Anti-Terrorism Squad at the...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1843 OF2021MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED ....Appellant(s) versus MAHARASHTRA ELECTRICITY REGULATORY COMMISSION & ORS. .Respondent(s) JUDGMENT Indira Banerjee, J.This appeal, under Section 125 of the Electricity Act 2003, is against a judgment and order dated 27th April 2021 passed by the Appellate Tribunal for Electricity, hereinafter referred to, in short, as APTEL, dismissing Appeal No.77 of 2018 filed by the Appellant, Maharashtra State Electricity Distribution Company Ltd., and affirming an order dated 16th November, 2017 passed by the Maharashtra Electricity Regulatory Commission, hereinafter referred to, in short, as MERC, whereby MERC dismissed the petition filed by the Appellant under Section 86 of the Electricity Act, being Case No.24 of 2017, 1 rejecting the contention of the Appellant that, introduction by Reserve Bank of India of the Base Rate system and the Ma...
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Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.1045 of 2021 (Arising out of SLP (Crl) No.1597 of 2021) Central Bureau of Investigation (CBI) and Anr. .... Appellants Versus Thommandru Hannah Vijayalakshmi .... Respondents @ T. H. Vijayalakshmi and Anr. 1 JUDGMENT Dr Dhananjaya Y Chandrachud, J This judgment has been divided into sections to facilitate analysis. They are: A The Appeal B Factual and procedural history C Counsels submissions D Whether a Preliminary Inquiry is mandatory before registering an FIR D.1 Precedents of this Court D.2 CBI Manual D.3 Analysis E Whether the FIR should be quashed E.1 Scope of review before the High Court E.2 Whether the FIR is liable to be quashed in the present case F Conclusion 2 PART A A The Appeal 1 The appeal arises from a judgment dated 11 February 2020 of a Single Judge of the High Court for the State of Telangana, by which: (i) a writ petition1 filed by the respondents under Article 226 of the Con...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.6217 of 2021 (Arising out of SLP(C) No.15458 of 2017) Sri Srinivas K Gouda Appellant VERSUS Karnataka Institute of Medical Sciences & Ors. Respondents JUDGMENT Dr Dhananjaya Y Chandrachud, J11 By a judgment dated 31 March 2017 , a Division Bench of the High Court of Karnataka, at Dharwad allowed an appeal filed against the judgment of the 2 Single Judge . The Division Bench quashed the selection of the appellant to the post of Junior Lab Technician in the first respondent and directed it to consider the case of the third respondent for appointment to the post. The appellant moved this Court in Special Leave Petition to challenge the decision of the Division Bench. Leave was granted on 1 October 2021. 1 WA No.10580/2015 2 WP No.63973/2009 1 2 On 2 September 2008, the first respondent issued a notification inviting applications for thirty-five vacancies in the post of Junior Lab Technician. The notifica...
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NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 1206 OF2021(Arising out of SLP(Criminal) No(s). 7573 of 2014) ASHUTOSH ASHOK PARASRAMPURIYA & ANR. .APPELLANT(S) VERSUS M/S. GHARRKUL INDUSTRIES PVT. LTD. & ORS RESPONDENT(S) WITH CRIMINAL APPEAL NO(S). 1207 OF2021(Arising out of SLP(Criminal) No(s). 9520 of 2014) JUDGMENT Rastogi, J.1. Leave granted.2. The present appeals are directed against the common judgment and order dated 18th July, 2014 filed at the instance of 1 the appellants under Section 482 of Code of Criminal Procedure, 1973(herein after being referred to as CrPC) against the order dated 10th November, 2012 pursuant to which they were summoned to answer to a charge of Section 138 of Negotiable Instruments Act, 1881(hereinafter being referred to as the NI Act) that came to be dismissed by the High Court under the order impugned.3. The seminal facts in brief necessary for the present purpose are stated as under.4. The appellan...
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