Indian Court Judgments — 2022

Criminal SC Reportable ✓ HN

Chotkau vs State of Uttar Pradesh

Penal Code, 1860: ss.376, 302 – Rape and murder – Conviction for, and death sentence by courts below – Challenged – Held: There were very se…

28 September 2022 · Allowed · S. Abdul Nazeer, A.S. Bopanna, V. Ramasubramanian

Criminal SC Reportable ✓ HN

Jigar @ Jimmy Pravinchandra Adatiya vs State of Gujarat

Code of Criminal Procedure, 1973 – s.167(2) – The Gujarat Control of Terrorism and Organised Crime Act, 2015 – s.20(2) – Proviso added by th…

23 September 2022 · Allowed · Ajay Rastogi, Abhay S. Oka

Criminal SC Reportable ✓ HN

Navika Kumar vs Union of India & Others

Constitution of India: Art 32 – Writ of Certiorari – Petitioner was the anchor of Newshour Debate (debate) telecasted on Times Now – Various…

23 September 2022 · Disposed · M.R. Shah, Krishna Murari

Criminal SC Reportable ✓ HN

Aminuddin vs State of Uttar Pradesh & Anr.

Bail – Grant of, on parity – When not justified – Penal Code, 1860 – ss.147, 148, 149, 302, 352 and 34 – Held: When the bail granted to co-a…

23 September 2022 · Allowed · Dinesh Maheshwari, Krishna Murari

Criminal SC Reportable ✓ HN

Raju @ Rajendra Prasad vs State of Rajasthan

Penal Code – ss.302, 34 – Murder – Circumstantial evidence – As per FIR, the appellants-accused (wife of the deceased and coaccused) had ill…

19 September 2022 · Allowed · M.R. Shah, Krishna Murari

Criminal SC Reportable ✓ HN

In Re: Framing Guidelines Regarding Potential Mitigating Circumstances to Be Considered While Imposing Death Sentences vs In Re: Framing Guidelines Regarding Potential Mitigating Circumstances to Be Considered While Imposing Death Sentences

Code of Criminal Procedure, 1973 – ss. 235, 309 – Whether, after recording conviction for a capital offence, under law, the court is obligat…

19 September 2022 · Uday Umesh Lalit, S. Ravindra Bhat, Sudhanshu Dhulia

Criminal SC Reportable ✓ HN

S. P. Mani and Mohan Dairy vs Dr.Snehalatha Elangovan

Negotiable Instruments Act, 1881 – ss.138 and 141 – Partnership firm – Cheque dishonour case – Vicarious liability of the partners – Held: B…

16 September 2022 · Allowed · Surya Kant, J.B. Pardiwala

Criminal SC Reportable ✓ HN

Yashpal Singh vs State of Uttar Pradesh & Anr.

Bail – Cancellation of – Allegedly a land dispute was going on between respondent no.2-original accused and original informant-Complainant –…

15 September 2022 · Allowed · M.R. Shah, Krishna Murari

Criminal SC Reportable ✓ HN

Vijaya vs State Rep by the Inspector of Police

Evidence Act, 1872 – ss. 32, 157 – Code of Criminal Procedure – s. 164 – Dying declaration – Victim survived – Statement u/s.164 Cr.P.C. – P…

15 September 2022 · Allowed · Surya Kant, Hrishikesh Roy

Criminal SC Reportable ✓ HN

Kanchan Kumar vs The State of Bihar

Code of Criminal Procedure, 1973 – ss.227, 228 – Discharge application – Requirement of prime facie case for framing of charges – FIR filed…

14 September 2022 · Allowed · Bhushan Ramkrishna Gavai, Pamidighantam Sri Narasimha

Criminal SC Reportable ✓ HN

Chherturam @ Chainu vs State of Chhattisgarh

Penal Code, 1860 – Murder – Exception 4 of s.300, s.82 – Exception 4 of s.300, when not applicable – Father and appellantson were drinking a…

13 September 2022 · Disposed · Sanjay Kishan Kaul, Pamidighantam Sri Narasimha

Criminal SC Reportable ✓ HN

Vinod Katara vs State of Uttar Pradesh

Juvenile Justice (Care and Protection of Children) Act, 2000: ss. 3, 7A, 16, 20 – Applicability of the 2000 Act – Plea of juvenility at bela…

12 September 2022 · Dinesh Maheshwari, J.B. Pardiwala

Criminal SC Reportable ✓ HN

Joseph Johnson N. Maithkuri vs Subrahmanya & Another

Bail – Cancellation of – High Court granted bail to accused persons – Original complainant has preferred appeal before the Supreme Court for…

9 September 2022 · Allowed · M.R. Shah, Krishna Murari

Criminal SC Reportable ✓ HN

The State of Haryana vs Anand Kindo & Anr. etc.

Sentence/Sentencing – Murder committed for greed of money by trusted employees of an aged couple while they were sleeping – Trial Court awar…

8 September 2022 · Partly allowed · Sanjay Kishan Kaul, Abhay S. Oka, Vikram Nath

Criminal SC Reportable ✓ HN

P. Dharamaraj vs Shanmugam & Ors.

P. DHARAMARAJ v. SHANMUGAM & ORS. (Criminal Appeal No. 1514 of 2022) SEPTEMBER 08, 2022 [S.ABDUL NAZEER AND V. RAMASUBRAMANIAN, JJ.] Code of…

8 September 2022 · Allowed · S. Abdul Nazeer, V. Ramasubramanian

Criminal SC Reportable ✓ HN

Chaitu Gowala and Another vs The State of Assam

Penal Code, 1860 – ss. 302 and 149 – Appellants alongwith 70 other accused persons were accused of murdering the Managing Director of a comp…

7 September 2022 · Allowed · M.R. Shah, Krishna Murari

Criminal SC Reportable ✓ HN

Shiv Kumar vs The State of Madhya Pradesh

Penal Code, 1860: s.411 – Dishonestly receiving stolen property – Prosecution case was that the appellant-accused and co-accused received th…

7 September 2022 · Allowed · K.M. Joseph, Hrishikesh Roy

Criminal SC Reportable ✓ HN

State through Deputy Superintendent of Police vs R. Soundirarasu etc.

Code of Criminal Procedure, 1973: ss.239, 397, 401 – Discharge of accused – Respondent No.1 was serving as Motor Vehicle Inspector during th…

5 September 2022 · Allowed · Dinesh Maheshwari, J.B. Pardiwala