Supreme Court judgments on Section 378, Code of Criminal Procedure, 1973

17 judgments, latest first, from 2018 to 2025. Listed when the Supreme Court Reports file the judgment's headnote under Section 378 of this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

Asian Paints Limited vs Ram Babu & Another

SC · 14 July 2025

[2025] 7 S.C.R. 573 : 2025 INSC 828

Whether the appellant-company falls under the definition of ‘victim’ in terms of s.2(wa) r/w the proviso to s.372, CrPC or whether s.378, CrPC would prevail in the facts and circumstances; whether an appeal under the pro…

M/s Celestium Financial vs A. Gnanasekaran Etc.

SC · 8 April 2025

[2025] 4 S.C.R. 2612 : 2025 INSC 804

Issue arose as regards the maintainability of an appeal under proviso to s.372 CrPC against order of acquittal in a case instituted upon a private complaint u/s.138 Negotiable Instruments Act, by treating the complainant…

Babu Sahebagouda Rudragoudar and Others vs State of Karnataka

SC · 19 April 2024

[2024] 5 S.C.R. 174 : 2024 INSC 320

Whether the High Court was justified in deciding the appeal as a first Court on independent appreciation of evidence and recording its own findings to hold the accused appellants (A-1, A-2 and A-3) guilty of charge u/s.…

Bhupatbhai Bachubhai Chavda & Anr. vs State of Gujarat

SC · 10 April 2024

[2024] 4 S.C.R. 322 : 2024 INSC 295

High Court, if justified in overturning the order of acquittal.

Thakore Umedsing Nathusing vs State of Gujarat

SC · 22 February 2024

[2024] 2 S.C.R. 1178 : 2024 INSC 198

Scope of interference by High Court in an appeal challenging acquittal of the accused by the trial Court; standard of proof required to bring home charges in a case based purely on circumstantial evidence.

Mohd Abaad Ali & Anr. vs Directorate of Revenue Prosecution Intelligence

SC · 20 February 2024

[2024] 2 S.C.R. 638 : 2024 INSC 125

Whether benefit of s.5 r/w. ss. 2 and 3 of the Limitation Act, 1963 can be availed in an appeal against acquittal.

H. D. Sundara & Ors. vs State of Karnataka

SC · 26 September 2023

[2023] 14 S.C.R. 47 : 2023 INSC 858

The question which arose for consideration was whether the High Court was justified in setting aside the order of acquittal passed by the trial court.

Ravi Sharma vs State (Government of NCT of Delhi) and Anr.

SC · 11 July 2022

[2022] 12 S.C.R. 257 : 2022 INSC 699

Code of Criminal Procedure, 1973 – s.378 – Indian Evidence Act, 1872 – s.27 – FIR was recorded on finding a dead body – PW-2 (brother of deceased) identified the dead body – Statements of both PW-1, father of deceased an…

Jafarudheen & Ors. vs State of Kerala

SC · 22 April 2022

[2022] 5 S.C.R. 721 : 2022 INSC 464

Code of Criminal Procedure, 1973: s.378: Appeal against acquittal – Scope of – Appellate Court has to consider whether trial court’s view can be termed as a possible one, particularly when evidence on record has been ana…

Geeta Devi vs State of U.P. & Ors.

SC · 18 January 2022

[2022] 1 S.C.R. 428 : 2022 INSC 54

Code of Criminal Procedure, 1973 – s.378 – Appellate Power of High Court in case of acquittal – In the instant case, trial court convicted respondents for the offences punishable under ss.452, 323/34 and 325/34 of the IP…

Mohan @srinivas @seena @tailor Seena vs The State of Karnataka

SC · 13 December 2021

[2021] 9 S.C.R. 451 : 2021 INSC 879

Code of Criminal Procedure, 1973 – ss.378, 384 – Appeal against acquittal – Murder of police officer – Appellants acquitted giving benefit of doubt – Acquittal reversed by High Court – On appeal, held: Most of the witnes…

Brijesh Singh vs State of Uttar Pradesh and Others

SC · 20 July 2021

[2021] 6 S.C.R. 522 : 2021 INSC 341

Code of Criminal Procedure, 1973: s. 378 – Appeal against acquittal – Grant of leave to appeal against order of acquittal by trial court – Principles to be considered by the High Court – On facts, trial court acquitted s…

Achhar Singh vs State of Himachal Pradesh

SC · 7 May 2021

[2021] 5 S.C.R. 243 : 2021 INSC 289

Code of Criminal Procedure, 1973: s. 378 – Appeal in case of acquittal – Exercise of power by the High Court under – On facts, the High Court convicted two accused-appellants for offences u/s. 452, 326 and 323 and u/ss.…

Chaman Lal vs The State of Himachal Pradesh

SC · 3 December 2020

[2020] 12 S.C.R. 1000 : 2020 INSC 675

Code of Criminal Procedure, 1973 – ss.378, 313 – Appeal against acquittal – FIR lodged against appellant-accused alleging that when the prosecutrix used to go to jungle to graze goats and cattle, appellant also used to c…

State of Maharashtra vs Shankar Ganapati Rahatol & Ors.

SC · 31 January 2019

[2019] 1 S.C.R. 1029 : 2019 INSC 119

Code of Criminal Procedure, 1973 – s.378(3) – Leave to prefer appeal before High Court – Trial court acquitted accused against the charges u/ss.143, 147, 323 r/w. ss.149, 325 of IPC and s.135 of Bombay Police Act – State…

State of Uttar Pradesh vs Anil Kumar @ Badka & Ors.

SC · 29 August 2018

[2018] 10 S.C.R. 726 : 2018 INSC 760

Code of Criminal Procedure, 1973: s.378(3) – Application seeking leave to file appeal – Parameters which the High Court should keep in mind for deciding the application, discussed – In the instant case, the trial court a…

Municipal Corporation of Greater Mumbai vs Pankaj Arora (Secretary) and Others

SC · 23 January 2018

[2018] 1 S.C.R. 609 : 2018 INSC 52

Code of Criminal Procedure, 1973 – ss.482, 378 – Complaint filed by appellant-corporation under s.354 r/w s.475A(1)(a) of the MMC Act – Magistrate refused to take cognizance of the complaint on the ground that complaint…

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