Code of Criminal Procedure, 1973

The appellant, a proclaimed offender, was apprehended in a house where he allegedly assaulted a police constable, was grappled with, and then fired a country‑made pistol, killing the constable. The trial court convicted him under Sections 302, 332, 186 of the IPC and Sections 25, 27 of the Arms Act. On appeal, the accu…

The State of Rajasthan prosecuted Shiv Charan and others for the murder of Prahlad, alleging that five armed men, including the accused, formed an unlawful assembly and assaulted the victim, leading to his death. The trial court convicted them under Sections 302, 149 and 148 of the IPC and sentenced them to life impris…

The Supreme Court examined three criminal appeals arising from chargesheets filed in Uttar Pradesh that were alleged to lack sufficient factual detail and evidence under Section 173(2) of the CrPC. It considered whether a chargesheet must contain detailed facts and material evidence to enable a magistrate to take cogni…

The Constitution Bench examined the scope of Article 142(1) of the Constitution, holding that the Supreme Court may depart from statutory procedure and even substantive law to achieve "complete justice" provided the exercise is guided by fundamental public policy. It ruled that, in cases of settlement between parties, …

The appellants were arrested in 2019 for offences under the IPC, UAPA and the Explosive Substances Act and a chargesheet was filed within the 180‑day period prescribed under Section 167(2) of the CrPC. They applied for statutory/default bail on the ground that the chargesheet was filed without a sanction order, arguing…

The appellant and respondent were married in 1998 and later lived separately, leading the husband to file a suit for dissolution of marriage which was dismissed by the trial, district and high courts. While the appeal was pending before the Supreme Court, the parties reached an amicable settlement through mediation, ag…

The appellants were among ten persons named in an FIR for a violent incident but were not listed in the charge‑sheet after the investigating officer concluded they were not present at the scene. The investigating officer and the SHO later applied to a magistrate for their release from judicial custody, which the magist…

The State by Karnataka Lokayukta Police Station appealed against a High Court order that quashed criminal proceedings against M.R. Hiremath on the ground that a certificate under Section 65B(4) of the Evidence Act was not produced. The Court examined whether the certificate must be produced at the stage of filing the c…

The case involved the murder of Satyawati, who was allegedly killed by her in‑laws for refusing to pay dowry. Four family members were tried; Jwala Singh was acquitted while Tribhuwan Singh, Makoi Devi and Chandra Bhawan Singh were convicted by the trial court. The High Court upheld the convictions of Tribhuwan Singh a…

The petitioner, Dilawar, was arrested for alleged participation in mob violence, arson and looting of a cabinet minister's house. His bail applications were rejected by the Sessions Court and the High Court, and the Supreme Court directed that the trial be concluded within six months. The Central Bureau of Investigatio…

The appellant, son of the deceased, challenged the acquittal of four accused persons charged with murder, attempt to murder and rioting under Sections 302, 34, 201 and 307 IPC. The trial court had acquitted all accused despite the prosecution's evidence from 13 witnesses. The High Court dismissed the appeal without a d…

The appellant Savitri Pandey and Raju Pandey were named in an FIR filed in 2014 by their sister‑in‑law alleging fraudulent sale deeds executed in 1994 concerning joint family land. The High Court dismissed their writ petition under Article 226 seeking quashing of the FIR. The Supreme Court examined whether such a writ …

Guddi, a 19‑year‑old married woman, died from 99% burn injuries while in the custody of her father‑in‑law and husband. The prosecution relied on three alleged dying declarations: a Parcha Bayan recorded by an ASI, a magistrate‑signed declaration that was never produced, and a statement recorded under Section 161 CrPC b…

The CBI investigated a 2000 fake encounter at Pathribal in Jammu & Kashmir, where five alleged terrorists were killed by members of the 7 Rashtriya Rifles, and filed a charge‑sheet against several army officers. The officers invoked Section 7 of the Armed Forces (Jammu & Kashmir) Special Powers Act, 1990, claiming that…

The complainant, wife of a deceased, filed a criminal complaint against three police officials—Assistant Commissioner Sankaran Moitra and two subordinate officers, S.M. Kundu and Sudhir Sikdar—alleging that the latter two murdered her husband on the direction of Moitra. The trial court took cognizance and the accused w…

The appellant, Vinay Aggarwal, was charged under several IPC offences for allegedly impersonating an IB officer and extorting money. The complainant filed a petition under Section 482 of the CrPC seeking transfer of the investigation from the Haryana police to the CBI, which the Punjab and Haryana High Court allowed, d…

The State of Uttar Pradesh appealed against the High Court's acquittal of Subhash @ Pappu for offences under Sections 302 and 148 of the IPC. The facts involved six to seven persons attacking a shop servant, Bengali, with a knife and a hockey stick, resulting in a stab wound; the victim died thirty days later of septic…

The appellant was arrested in 2007 in connection with a bomb‑defusing case and, while in police custody, gave a confessional statement that was recorded by a Superintendent of Police under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987. The appellant contended that the confession was not v…

The case arose from a violent incident on 28 September 2005 near Rosy School, Chozhiyamkod, where the appellant Mani stabbed a victim, Soman, who later died, and eight persons were injured. The trial court convicted Mani under Section 302 IPC and the other three accused under Sections 324 and 341 read with Section 34, …

The Supreme Court examined whether the State of Bihar could file an appeal under Section 378(1) of the Code of Criminal Procedure, 1973 against an acquittal rendered by a Special CBI Judge when the offence was investigated by the Delhi Special Police Establishment (CBI). The Court held that the opening words "save as o…

The appellants were charged under Section 8(c) read with Section 20(b)(ii)(c) of the NDPS Act for allegedly transporting about 80 kg of ganja seized from a vehicle. The prosecution relied on a seizure panchnama, samples sent to the Forensic Science Laboratory, and confessions recorded by police officers, but failed to …

The appellant lodged an FIR in 1999 alleging assault, abduction and other offences under Sections 147, 148, 149, 323 and 364 IPC against three accused. During trial, the accused entered into a settlement agreement with one victim (Respondent No.5) but the original complainant (the appellant) was neither a party to nor …

The State of Chhattisgarh filed criminal appeals against the Chhattisgarh High Court’s order quashing FIR No. 9/2020, which alleged that Aman Kumar Singh (AS) and his wife Yasmin Singh (YS) had amassed assets disproportionate to their known sources of income under the Prevention of Corruption Act, 1988. The High Court …

The appellants kidnapped a 14-year-old boy for ransom. The trial court and High Court convicted them under Section 364A IPC (kidnapping for ransom) with life imprisonment. The Supreme Court examined the ingredients of Section 364A, particularly the requirement of a threat to cause death or hurt. The Court found that th…

The appellant, BLS Infrastructure Ltd., filed eight complaints under Section 138 of the Negotiable Instruments Act against the respondents. The complainant’s statement and cross‑examination were recorded, and the trial court closed the complainant’s evidence, directing the case to proceed to defence evidence and an app…

The appellant, Vikas Rathi, owned a tool manufacturing firm where the deceased, Bachchu Prasad, worked. After Prasad's murder, an FIR was lodged against unknown persons, and later the deceased's wife alleged Rathi's involvement, leading to his being listed as a prosecution witness. The complainant filed an application …

The appellant company failed to honour multiple cheques, leading the respondent to issue statutory notices under Sections 138 and 141 of the Negotiable Instruments Act and file criminal complaints. While the corporate debtor was placed under a moratorium under Section 14 of the Insolvency and Bankruptcy Code (IBC), the…

The appellant, Sonu, was charged under Section 376 IPC after the second respondent lodged an FIR alleging that he had promised to marry her, maintained a consensual sexual relationship for one and a half years, and later refused to marry, leading to the complaint. The appellant sought to quash the charge‑sheet under Se…

The dispute arose from a terminated distributorship agreement between Varun Beverages Ltd. and the complainant, who alleged non‑payment of commissions and issued a cheque that later bounced. The complainant filed a criminal complaint under Section 138 of the Negotiable Instruments Act and later a Section 156(3) Cr.P.C.…

In 2010 an FIR under the Prevention of Corruption Act was lodged against T. N. Seenivasagan, a chief engineer of TANGEDCO, for allegedly demanding a bribe. The sanction to prosecute was issued by the Chairman of TANGEDCO, purportedly on behalf of the Board, and the trial proceeded with witnesses PW‑1 (Chairman) and PW‑…

The deceased Kamatchi committed suicide by hanging herself four days after being denied the use of a family car, an incident for which her husband and sister‑in‑law were initially charged under Sections 304‑B, 498‑A and 306 IPC. The appellants – the husband’s brothers and mother‑in‑law – were also charged under the sam…

Rizwanur Rahman married Priyanka Todi under the Special Marriage Act. After the marriage, police officials repeatedly interfered, threatened the couple and later the deceased was found dead on railway tracks. The mother and brother of the deceased filed a writ petition seeking transfer of the investigation from the Sta…

The appellant, Dattatraya, was convicted for the death of his nine‑month‑pregnant wife after he allegedly poured kerosene on her during a drunken quarrel, causing severe burns, a still‑born child and her eventual death. The prosecution relied on the dying declaration of the deceased, testimony of the maternal grandmoth…

The State of Uttar Pradesh appealed the acquittal of Veerpal and another accused who were charged under Section 302 read with Section 34 of the IPC for allegedly burning the deceased after a money dispute. The deceased had given two dying declarations: one to a police officer on 20‑12‑2011 and another to a Sub‑Division…

The case concerned a murder under IPC sections 302, 149 and 148, where six accused were convicted based largely on the testimonies of two eyewitnesses, PW‑1 Vedram and PW‑2 Jagdish. The post‑mortem report showed only one firearm injury and a single neck injury, contradicting the prosecution’s claim that all pistol‑arme…

The State of Sikkim appealed against a High Court order that directed the accused army personnel, Jasbir Singh and another, to be tried by a court‑martial for a murder under IPC sections 302 and 308. The Supreme Court examined whether the offence fell within the exclusive jurisdiction of a court‑martial or within the c…

The incident occurred on 24 March 1998 when fourteen accused, armed with axes, iron pipes and spears, attacked the complainant Najabhai Desurbhai Wagh near his house after he rebuked them for damaging an electric pole. The assault resulted in the death of the complainant's brother, Unadbhai Desurbhai. The trial court c…

The appellants were convicted for publicly exhibiting obscene blue films to a young audience under Section 292 read with Section 34 of the Indian Penal Code and Section 7 of the Cinematograph Act. The trial court sentenced them to six months' simple imprisonment and a fine; the appellate court reduced the imprisonment …

The appellant’s Eicher truck was seized by police for transporting 28 buffalo calves, and the appellant sought its release under Section 451 of the CrPC. The lower courts rejected the application, invoking Section 68(3) of the Gujarat Animal Preservation (Amendment) Act, 2011, which bars release of a seized vehicle for…

The case arose from a dispute over the erection of a fence around a chapel in Goa, during which the appellant Roy Fernandes and four others intervened, assaulting the deceased and his companions. One of the accused stabbed the deceased, causing his death. The trial court convicted all five under Sections 143, 148, 323,…

The appellants sought to have criminal complaints under Section 138 of the Negotiable Instruments Act, read with Section 141, dismissed on the ground that a scheme of compromise approved under Section 391 of the Companies Act had automatically compounded the offences. The Supreme Court examined whether the sanction of …

The appellant companies, foreign nationals who were ultimate beneficiaries of a bill of exchange, were summoned by a Ghaziabad magistrate on a criminal complaint alleging cheating, criminal breach of trust and related offences under the IPC. The complaint arose from a commercial transaction in which goods were supplied…

The appellant, a retired Additional Sessions Judge, was criticised by a High Court Single Judge for not framing a charge under Section 302 IPC in a murder trial, instead framing only Section 304 and 323 IPC without recording any reasons. The Supreme Court examined the interplay between Sections 227 and 228 of the CrPC,…

The appellant, Kolla Veera Raghav Rao, had been convicted under Section 138 of the Negotiable Instruments Act, 1881. He was later prosecuted under Section 420 of the Indian Penal Code for the same set of facts. The central issue was whether Section 300(1) of the Criminal Procedure Code, 1973, which bars a person from b…

The appellant B.A. Umesh was convicted of rape, murder and robbery (IPC ss.376, 302, 392) and sentenced to death. The Supreme Court examined the prosecution's case, which relied on a chain of circumstantial evidence, eyewitness testimony, a test identification parade, fingerprint evidence, forensic reports and an extra…

The State of Madhya Pradesh filed criminal appeals against a Madhya Pradesh High Court order that quashed police applications under Chapter VII‑A of the Code of Criminal Procedure, 1973, seeking attachment and forfeiture of properties of Balram Mihani and others alleged to be derived from local offences such as gamblin…

The appellant, a foreign national serving as Project Manager for Hyundai Engineering & Construction India LLP, was named in FIR No.64/2020 alleging conspiracy and cheating in a Rs 9‑crore payment default involving multiple subcontractors. The appellant sought quashing of the FIR on the ground that the allegations were …

The appellant, Daljit Singh, was declared a proclaimed offender under Section 82 of the Cr.P.C. for failing to appear after summons in a cheque‑related criminal case filed in 2010. He was later acquitted of the underlying offence under the Negotiable Instruments Act, and an FIR under Section 174A IPC was filed for his …

The appellant, B.N. John, owned a hostel for underprivileged children and alleged that officials raided it illegally on 3 June 2015, falsely accusing him of assaulting them. An FIR was lodged under IPC s.353, and a charge‑sheet later added s.186, leading the Chief Judicial Magistrate (CJM) to take cognizance and issue …

M/s Naresh Potteries (appellant) filed a complaint under Section 138 of the Negotiable Instruments Act against M/s Aarti Industries (respondent No.1) for the dishonour of a cheque issued in the appellant's favour. The complaint was filed by the manager, Neeraj Kumar, who held a power of attorney from the sole proprieto…

The Range Forest Officer alleged that the directors and office bearers of a company illegally uprooted trees using a JCB, violating Section 4 of the Punjab Land Preservation Act, 1900, and sought prosecution under Section 19. The Special Environment Court took cognizance of the complaint and issued process against the …