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Supreme Court judgments on Section 397, Code of Criminal Procedure, 1973

12 judgments, latest first, from 2018 to 2025. Listed when the Supreme Court Reports file the judgment's headnote under Section 397 of this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

Jamin & Anr. vs State of Uttar Pradesh & Anr.
SC · 6 March 2025
[2025] 3 S.C.R. 638 : 2025 INSC 330
(i) Whether the High Court was right in exercising its revisional jurisdiction for the purpose of setting aside the order of the Trial Court rejecting the second application preferred by the respondent no.2 u/s.319 of th…
Sudershan Singh Wazir vs State (NCT of Delhi) & Ors.
SC · 28 February 2025
[2025] 2 S.C.R. 1416 : 2025 INSC 281
Issue arose as regards the correctness of orders passed by the High Court staying the discharge of the accused and directing him to surrender before the trial court.
Mahabir & Ors. vs State of Haryana
SC · 29 January 2025
[2025] 1 S.C.R. 1105 : 2025 INSC 120
Whether the High Court committed any error in passing the impugned judgment and order of conviction in exercise of its revisional jurisdiction u/s.401 r/w. s.397 of the CrPC; Whether Proviso to s.372 of CrPC creates a ri…
Akanksha Arora vs Tanay Maben
SC · 4 December 2024
[2024] 12 S.C.R. 954 : 2024 INSC 962
Whether the High Court can convert the petition u/s.482 CrPC into a revision u/s.397 CrPC and decide it as per law; Whether s.397 CrPC can affect the amplitude of the inherent powers of the High Court u/s. 482 CrPC.
Vipin Sahni and Another vs Central Bureau of Investigation
SC · 8 April 2024
[2024] 4 S.C.R. 308 : 2024 INSC 284
Whether it is open for High Court to convert or treat a petition filed under section 482 Cr.P.C., as one filed under section 397 Cr.P.C.
State of Gujarat vs Dilipsinh Kishorsinh Rao
SC · 9 October 2023
[2023] 13 S.C.R. 847 : 2023 INSC 894
Whether the High Court was justified in allowing the application for discharge filed by the accused; and as such whether the order of the sanctioning authority is liable to be set aside and consequently, the charge-sheet…
State through Deputy Superintendent of Police vs R. Soundirarasu etc.
SC · 5 September 2022
[2022] 7 S.C.R. 630 : 2022 INSC 915
Code of Criminal Procedure, 1973: ss.239, 397, 401 – Discharge of accused – Respondent No.1 was serving as Motor Vehicle Inspector during the check period – Respondent No. 2 is his wife who is a commerce graduate and is…
Manendra Prasad Tiwari vs Amit Kumar Tiwari & Anr.
SC · 12 August 2022
[2022] 13 S.C.R. 174 : 2022 INSC 1317
Penal Code, 1860 – s.376 – Protection of Children from Sexual Offences Act, 2012 (POCSO) – ss. 5 and 6 – Code of Criminal Procedure, 1973 – ss. 397, 482 – Discharge of Accused – ‘X’, delivered a baby and thereafter commi…
Honnaiah T.H. vs State of Karnataka and Others
SC · 4 August 2022
[2022] 6 S.C.R. 1108 : 2022 INSC 794
Code of Criminal Procedure, 1973 – ss.161. 397(2) – Prosecution csae was that FIR was registered on 26 December 2016 for offences punishable under ss.143, 147, 148, 504, 323, 302, 307, 114 and 149 of the IPC – According…
Sanjay Kumar Rai vs State of Uttar Pradesh & Anr.
SC · 7 May 2021
[2021] 7 S.C.R. 143 : 2021 INSC 292
Code of Criminal Procedure, 1973 – s.397 – Criminal revision – Judicial Magistrate declined to discharge appellant in a case u/ss.504 and 506 IPC – Criminal revision against the order turned down by High Court on ground…
Chander Bhan Singh vs Central Bureau of Investigation and Others
SC · 8 January 2019
[2019] 1 S.C.R. 256 : 2019 INSC 38
Code of Criminal Procedure, 1973 – s.397 – Revision – Appellant-complainant filed a writ petition in 2002 seeking registration of criminal case – His allegation was that his son was wrongfully killed by the police – CBI…
Rajendra Rajoriya vs Jagat Narain Thapak and Another
SC · 23 February 2018
[2018] 2 S.C.R. 499 : 2018 INSC 191
Code of Criminal Procedure, 1973: s.397 and s.398 – Revision – Scope of – Complaint alleging cheating, filed by appellant, dismissed by the magistrate for lack of evidence – On revision, Session judge concluded that the…

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